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(영문) 전주지방법원 2018.04.25 2017노1482
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal is consistent by the victim, and the defendant has intruded the central line and shocked the damaged vehicle;

In light of the fact that the defendant's statement, the post-road glass was discovered on the side of the victim's vehicle, the glass was not easily driven due to the fast attachment, and the result of the accident investigation by the Road Traffic Authority was conducted by the accident investigation institute directly visiting the site and analyzing the accident vehicle, etc., so it can be sufficiently recognized that the defendant caused the traffic accident of this case while driving the central line, taking full account of the high credibility, the judgment of the court below acquitted the defendant of the facts charged of this case, and there is an error of law by misunderstanding the rules of evidence.

2. Determination

A. The lower court’s judgment: (a) the statement of E, the primary evidence that corresponds to the fact that the instant traffic accident occurred due to the Defendant’s central line of offense at the time of investigation by the Defendant, the police, and the prosecution, was made in the course of asserting that the instant traffic accident occurred due to the Defendant’s central line of offense by the Defendant, the police, and the other party at the time

In light of the fact that the defendant and E are located in the two lanes of this E, the "Notification of the Results of Comprehensive Analysis of Traffic Accidents" in the North Korean branch before the Road Traffic Authority is difficult to conclude, and considering the fact that the vehicle of the defendant and E are located in the separate lane of this E, the defendant is highly likely to conflict with two vehicles in the course of the course of the operation of the center line. However, according to the response to the appraisal commission requested by the court of the court of the original instance at the time of the accident, the oil products of the vehicle are presumed to be affected by shock attitude, collision direction, collision speed, interference speed, interference, etc., and thus, the central line is obstructed only by the point where the part of the defendant's vehicle is separated.

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