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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2013.05.31 2013노126
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below that recognized the victim as being injured by the harming Vehicle even though the victim was damaged by the harming Vehicle, which was stopped by the stick, not by shocking the victim, with the part between the vehicle driven by the defendant (hereinafter referred to as the "harming Vehicle") and the vehicle driven by the defendant, is erroneous in the misapprehension of facts.

(2) The court below's decision on February 2, 200 is delivered to the court below, which held that the defendant's application for the appointment of a state appointed defense counsel was made without a state appointed defense counsel.

A. A victim of a mistake of facts consistently stated that he/she was shocked by the investigative agency from the place of accident as stated in the judgment of the court below to the date of the original judgment, and according to the investigation report (the investigation report), the medical certificate, etc., the fact that he/she transferred to the hospital immediately after the fact that he/she received medical treatment can be acknowledged. Thus, the victim's statement is not in a special circumstance to reject the credibility of the victim's statement, and the facts constituting an offense in the judgment of the court below can be sufficiently recognized in full view of the victim's legal statement and the medical certificate.

Even if the direct cause of damage to the glass of the Maritime Vehicle is not a traffic accident as indicated in the judgment of the court below, but rather a traffic accident is due to the collision with the Maritime Stick in possession of the victim at the time of the accident or immediately after the accident, it cannot be deemed that the Maritime Vehicle did not compromise the victim on the sole ground of such circumstance.

The defendant stated in the police that the defendant attempted to reach an agreement with the victim immediately after the accident but brought about a dispute by asserting that the victim was dead. Thus, if the defendant did not have any shocked the victim, it shall be noted as above.

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