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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, on purpose, shocked the rear end of a passenger car driven by the victim D (hereinafter “victim”) on the front part of the passenger car driven by the Defendant (hereinafter “victim”).
Therefore, even if all facts charged are guilty, the judgment of the court below that reached a different conclusion is erroneous as to facts affecting the judgment.
B. The lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. The Prosecutor’s grounds of appeal are as follows: (a) first, the instant field CCTV images (hereinafter referred to as “Maan-gu third-distance 1”) that can be considered as the most objective evidence is finite. (a) The roads from the right upper corner of the screen to the right upper corner of the screen consisting of a straight line form and extending to the left corner of the screen; (b) the roads are in the form of refinites from the right upper corner of the screen to the left corner of the screen on the basis of the screen; and (c) the crosswalks are installed at the front corner of the front corner of the screen where the straight line covering the lower left corner of the screen begins.
B) On September 8, 2018, at least 11:52:00 on September 8, 2018, the damaged vehicle runs along the upper corner and connects to the upper corner of the next screen, or runs towards the lower corner of the left corner of the screen. At that time, the damaged vehicle is driving ahead of the damaged vehicle immediately behind the latter. At that time, there was a certain interval between the two vehicles until the damaged vehicle moves back to the straight line. However, the distance between the two vehicles was narrow, but the distance between the point was 11:52:06, immediately after the damaged vehicle passes through the above crosswalk, the direction of the damaged vehicle in the Madow is sufficiently shocked by the law after the victim’s volume, and after the 11:52:05 of the end of the end of the 152:09 lane (the first shock). The 1:1529:29 of the two vehicles, after the shocking of the two vehicles, the end end of the 11:529:1.29.