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(영문) 수원지방법원 2018.04.18 2017노8143
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not stop the stop line and entered the red signal crossing, and the victim entered the crosswalk before entering the intersection and was in progress. As such, even if the defendant had been aware of considerable relation between the defendant's signal violation and the traffic accident in this case, the court below's judgment that acquitted the defendant and dismissed the public prosecution is erroneous in the misapprehension of facts.

2. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds that it is difficult to recognize that the Defendant was negligent in violating signal signals on the grounds stated in its reasoning, and dismissed the prosecution on the remaining facts charged on the grounds that the Defendant was subscribed to comprehensive insurance pursuant to Article 4(1) of the Act on Special Cases Concerning

Examining the above judgment of the court below closely in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and there is an error of law by misconception of facts as alleged by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. Thus, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The prosecutor's appeal is ex officio, and pursuant to Article 25 (1) of the Rules on Criminal Procedure, "the report of the 17th act of the court below on the 2nd page 17 of the judgment below is obvious that it is a clerical error in the signal "," and it is so decided as per Disposition.

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