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(영문) 광주지방법원 2020.10.20 2020노1730
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim C vehicle following a mistake of fact had not driven the Defendant vehicle even though the Defendant vehicle was on a sudden stop, and only the victim E vehicle following the victim C vehicle shocked the victim C vehicle, the accident where the victim E vehicle shocked the victim C vehicle (hereinafter “the accident in this case”) is not an accident caused by the sudden stop of the Defendant vehicle, but an accident caused by the victim E’s failure to drive, ensure safety distance, and neglect to stop at the time of the front stop.

Nevertheless, the lower court erred by misapprehending the facts, thereby adversely determining that the instant accident occurred due to the sudden breakdown of Defendant vehicles.

B. The Defendant of the misapprehension of the legal doctrine did not have the intention to cause the instant accident, but could not anticipate that the instant accident occurred due to urgency.

In addition, a person who is injured by the instant accident is limited to the victim who was accompanied by the victim C and the victim C, and in light of the fact that the speed of the victim E vehicle at the time of the instant accident was not fast and the victims of the said injury received water treatment only for three days, physical damage suffered by the victims of the said injury shall not be deemed as injury, as it does not need to be treated.

Nevertheless, the lower court erred by misapprehending the legal doctrine that the victims of the above injury suffered injury due to the instant accident caused intentionally by the Defendant.

C. Even if there is no unreasonable sentencing, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the court below waiting for the signal by stopping on the same lane in the order of the defendant vehicle, victim C vehicle and victim E vehicle prior to the instant accident.

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