(영문) 수원지방법원 2017.05.17 2017노912 | 리걸엔진

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(영문) 수원지방법원 2017.05.17 2017노912

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles (as to the crime No. 1 of the facts stated in the judgment below), the Defendant discovered and laid down the victim while driving the Oral Ba in the instant case and bypassing it on the alley, and the victim only saw the Defendant's Oral Ba and sitd on him.

Defendant

The judgment of the court below which found the defendant guilty on the ground that there was no sufficient shock of the damaged person due to the driver's error of law by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court that is unfair in sentencing (the imprisonment without prison labor for April and the fine of KRW 300,000) is too unreasonable.

2. Determination

A. According to the record as to the assertion of misunderstanding of facts and misapprehension of legal principles, the circumstance in which the victim took an artificial fele in the left knee in which the injury occurred due to the instant case around December 2013 is recognized.

However, in full view of the evidence duly admitted and examined by the court below, the following circumstances, i.e., ① the victim had been operated by the defendant from the investigative agency to the court of the court below, which led to the shock of the part of his left bridge.

A statement (Evidence No. 10 pages, No. 97 pages of the trial record), ② The victim received medical treatment from L Hospital from the date the crime of this case occurred ( May 31, 2014) (the date on which the crime of this case occurred). The diagnosis is written as follows (Evidence No. 19 of the Evidence No. 3, No. 19); ③ The victim caused the injury by himself at the bottom of the left-hand bank in order to obtain the above medical certificate, such as an open frame at the left-hand bank.

In light of the fact that there is no circumstance to see, the defendant's above assertion is without merit since it can be sufficiently recognized that this part of the crime is committed by the defendant.

B. As to the wrongful assertion of sentencing, 20 million won was paid to the injured party through the insurance that the Defendant joined.

The defendant is against the victim when he comes to trial.

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