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(영문) 대구지방법원 2018.11.22 2018노361
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim was placed at the crosswalk in India, and the defendant's vehicle did not conflict with the victim.

2. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the evidence examined by the court below, the defendant caused the collision between the injured party's vehicle by violating his duty of care in the course of performing his duties, and thereby, sufficiently recognizes the fact that the injured party suffered the injury.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

(a) The victim got off the front side of the Defendant’s vehicle to the right side of the victim at the investigative agency, “In order to cut off the crosswalk and going up to India, the victim turned out to the right side of the victim.”

In the lower court, the Defendant stated that “I am up with a pedestrian crossing and go up to India,” and the Defendant’s right wheels of the Defendant’s vehicle (I am up to the front and rear wheels) was left up to India, and the body was later, and the body was turned over to India.

together with others

L 119 L was about to 119, and the defendant was faced with his own lane.

“The Defendant’s vehicle was against the part of the victim’s growth.” In the first instance, “The Defendant’s vehicle was against the part of the victim’s growth.”

“The statement was made”.

또 한, 당 심에서 목격자인 L는 “ 피해 자가 차량에 부딪히는 것은 보지 못하였으나, ‘ 퍽’ 하고 부딪히면서 나는 소리를 들었고, 피해자가 ‘ 악’ 이라고 비명을 지르는 소리를 들었다.

In addition, the victim was her seated.

The defendant getting off from the vehicle to the hospital, leaving the victim as well as leaving the hospital.

“The statement was made”.

The above statements made by the victim are generally consistent, and credibility exists because they are excessively consistent with the contents of L's statements and diagnosis (the injury to the saves and the saves of the saves with the right side in need of treatment for about three weeks).

(b).

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