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(영문) 수원지방법원 2018.10.19 2017노8066
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged of this case on the following grounds is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

1) Of the evidence admitted by the lower court, the result of the reproduction of the accident booms CDs (Evidence List Nos 18) (hereinafter “instant CD”) (hereinafter “instant CD”) was proved to be a copy of the original without any artificial adaptation, such as compilations from the original in the course of duplication.

As it is impossible to admit admissibility, it cannot be admitted.

2) Of the remaining evidence, it is doubtful that the victim’s actual investigation report based on the victim’s legal statement and the victim’s statement is reliable, and it is difficult to determine whether the accident recorded in the facts charged in the instant case (hereinafter “the instant accident”) occurred due to the Defendant’s negligence in terms of vehicle pictures and estimates. In addition, when comprehensively taking into account the conflict between the instant accident, the background of the accident, and the circumstances before and after the accident, the said accident occurred due to the negligence of the victim, not the Defendant.

It is reasonable to view it.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. First, we examine the admissibility of the CD reproduction result of the instant case.

1) The lower court: (a) took the screen on which the CD screen images of this case were reproduced by the victim, who is a private person, as his cell phone, and the said image or black stuff images were drieded or artificially opened.

No circumstance to see does not appear

Based on the judgment, the admissibility of evidence is recognized.

2) In full view of the following circumstances, the CD video files of this case are a copy of the original document without any artificial adaptation, such as compilations, in the process of reproducing the original CD images by means of a re-recording them with cell phones, taking account of the following circumstances, which can be duly adopted and known by the court below and the court below. Thus, the CD video files of this case are recognized as a copy of the original document without any artificial adaptation, such as compilations.

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