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(영문) 서울동부지방법원 2017.02.02 2016노1260
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal revealed that the Defendant had even contacted with the victim’s vehicle in the process of taking back the vehicle at the time and place indicated in the facts charged of this case, but the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment by misunderstanding the facts and affecting the conclusion of the judgment.

2. According to the statements made by the victim in the court below in the judgment, the result of verification of the victim's vehicle at the court below, and the on-site photographs at the time of the accident, the defendant, while moving a vehicle, received the front part of the victim's vehicle, and thereby, can be recognized that the remainder of the victim's vehicle incurred any damage, and thus, the defendant's assertion of mistake

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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