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(영문) 대전지방법원 2018.06.21 2018노55
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: In full view of the evidence submitted by the prosecutor by mistake of the facts, the court below acquitted the victim E of this part, despite the fact that the defendant's negligent traffic accident (referring to the "the second accident in this case" as stated in the judgment below) led to the death. However, the court below erred in the misapprehension of facts.

2. The lower court, based on its stated reasoning, cannot recognize the causal relationship between the second accident in this case and the death of the victim E.

The decision was determined.

In addition to the following circumstances known by the court below in light of the records, such a determination by the court below is just and acceptable, and there is an error of law by mistake of facts, such as the prosecutor's assertion.

subsection (b) of this section.

A. The traffic accident analysis letter of the Road Traffic Authority stated that the franchise driven by Co-Defendant A of the court below jointly conducted by the court below, shocking the No. 4 city car, shocking the No. 4 city car, which was stopped in the direction of 4 cc in the direction of the proceeding, and that the shocking of the cargo car, which was driven by the victim E by turning the No. 4 cc car into the direction of clock (referred to as the "first accident of this case" as stated in the judgment of the court below), and that the cargo car was already attached to the left-hand side and the cargo car.

B. The prosecutor asserts that it is difficult to believe the result of the analysis by the legal science research institute, which was one of the reasons for not guilty as to this part of the judgment of the court below, on the request of the insurance company to which the defendant was a party. However, all of the traffic accident analysis report by the National Science Investigation Institute, traffic accident analysis report by the Road Traffic Authority, and the factual inquiries by the above two agencies are confirmed, and the victim E died due to

It is so long as it is the purport that it cannot be determined.

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