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(영문) 의정부지방법원 2019.10.04 2018노3147
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) was driven by the Defendant, without concluding that there is no possibility that people might walk around the scene of the accident. The instant traffic accident occurred due to the breach of the duty of care and duty of care.

In light of the fact that the Defendant was acquitted on the basis of the comprehensive traffic accident analysis report sent by the Road Traffic Authority, but the environmental conditions assumed in the comprehensive traffic accident analysis report do not fully comply with the environmental conditions at the time of the instant traffic accident, and that there was a drone street in the vicinity of the accident site, etc., the conclusion of the comprehensive traffic accident analysis report cannot be deemed reasonable.

Nevertheless, the court below erred by misapprehending the facts and finding the defendant not guilty.

2. The lower court determined that the instant facts charged were insufficient to have been proven without reasonable doubt, comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and examined.

Examining these judgments of the court below closely after comparison with the records, the judgment of the court below that found the defendant not guilty is just in light of the circumstances stated by the court below, as follows: ① the victim was walking along the right side in the above direction on the left side at the time of the accident, namely, the right side of the defendant's driving at the time of the accident; ② the victim was cut off the way by the cryp line; ② the victim was moving off the way by the cryp line; and the victim's side side and body appears to have been seen mainly in the front side of the victim's moving-out in the front side of the accident immediately before the accident (No. 30 black ballot CDs No. 008 of the evidence list).

Therefore, the prosecutor's assertion of mistake is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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