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(영문) 춘천지방법원 2020.11.18 2019노1115
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant was driving at the place of the instant accident on December 27, 2018, and thereafter, left K with a vehicle to dispose of the vehicle. Accordingly, the Defendant’s vehicle B sealed and III freight vehicle (hereinafter “instant vehicle”) at the date and place of the accident as indicated in the instant facts charged, at the time and place of the accident.

(2) The instant accident was caused by the negligence of the victim, resulting in the injury of the victim due to the Defendant’s occupational negligence.

or damaged vehicles cannot be deemed to have been destroyed.

3) The victim did not have an injury to the extent that the daily life of the victim was inconvenient due to the instant accident. B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 5 million) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts as to the date and time of the instant accident, location of the instant vehicle, and the following facts and circumstances recognized by the court below comprehensively taking into account the evidence duly adopted and examined by the court below to determine whether the Defendant driven the instant vehicle at a place where the instant accident occurred, i.e., the instant vehicle owned by the Defendant, ii) a white scke vehicle has been taken as causing the instant accident (up to 52 pages of the investigation report (Attachment of a black scke image) and the number of the instant white scke vehicle on the victim’s on-site photograph submitted by the victim is “B” (on-site photograph No. 17 pages) the same as the vehicle number of the instant vehicle, ③ the Defendant operated the instant vehicle at an investigative agency and stated that the operation of the instant white scke vehicle recorded in the said black scke scke scke scke scke scke s is suitable (Evidence evidence record No. 64,65 pages).

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