logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.30 2016노1835
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant accident of mistake of facts occurred wholly due to the negligence of the victim that caused a disturbance to traffic flow, and it is difficult to deem that the victim suffered injury due to the instant accident.

B. The sentence imposed by the court below on the defendant (the fine of KRW 3,000,00) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances are found based on the evidence duly adopted and examined by the court below. ① The victim, while driving a one lane at the time and changing the two-lanes to the right side, was forced to stop on the two-lanes in front of the two-lanes, due to the relationship in which the vehicle was stopped on the two-lanes (No. 37 of the trial record, No. 56 of the evidence record), and the defendant, who followed the damaged vehicle, was also aware of the same situation in advance (Evidence No. 29, No. 31 of the evidence record), ② the defendant tried to proceed to the left side of the damaged vehicle and received the remaining parts of the damaged vehicle, and accordingly, the damaged vehicle was destroyed to a considerable extent (No. 40 of the trial record, No. 11 of the evidence record, No. 20 of the trial record, No. 57 of the trial record), ③ The defendant did not request the victim to give an excessive compensation to the hospital (No. 40 of the trial record).

In light of the lack of objective materials to deem that the facts charged in this case were proven, the lower court’s determination that the facts charged in this case were proven is justifiable.

Therefore, this part of the defendant's argument is without merit.

B. There is no change in circumstances that consider the sentencing after the judgment of the court below regarding the assertion of unfair sentencing.

arrow