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(영문) 대전지방법원 2019.09.26 2019노64
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the facts charged in this case were the crimes of mistake of facts and misapprehension of legal principles and the defendant agreed with the victims, the court below rendered a judgment of conviction against the defendant although it had been sentenced to the judgment of dismissal of prosecution. The court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment without prison labor, two years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person driving B Costa Car.

On June 1, 2018, when the Defendant drives the said car and proceeding the two-lanes of the two-lanes of the two-lanes from Daejeon to the mountain area of the mountain area of the mountain area of the mountain area of the mountain area of the Daejeon, the Defendant neglected his duty of care when changing the lanes, and did not accurately operate the steering direction and operation devices, by neglecting the duty of care when changing the lanes, and by neglecting the operation of the victim C (57 years old) who was proceeding normally according to the first one, the Defendant's car and the motor vehicle just just just the front part of the right side of the vehicle of the Defendant. The Defendant's car and the passenger car just just go beyond the central line and go beyond the upper part of the passenger car of the victim E(50 years old) who was proceeding in the opposite part of the road of the opposite part of the passenger car. The Defendant's vehicle was driven in the front part of G13 years old cargo of the victim(50 years old).

Ultimately, the Defendant, by occupational negligence, injured the above victim C with salt c, etc. for about 3 weeks in need of medical treatment, injured the victim I (the 59-year old-age), who was on his own car, such as a framework of a drilling in need of medical treatment for about 12 weeks, injured the victimJ (the 54-year-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-based treatment for about 7 weeks, and 4 weeks to the same victim K (the 50-year-old-age-age-age

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