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(영문) 청주지방법원 2019.08.29 2018노1464
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The traffic accident of mistake of facts in this case stops in front of the signal, etc. (in a situation where the front wheels part of the Defendant's driving vehicle is returned to the right side), and the vehicle behind the victim's driving vehicle and the left side part of the victim's driving vehicle are shocked with the front wheels part of the Defendant's driving vehicle, and although the Defendant did not shock the part behind the victim's driving vehicle's left side while changing the lane as stated in the facts charged, it did not match the front part of the victim's driving vehicle with the front wheels part of the Defendant's driving vehicle. However, the court below found the Defendant guilty of the facts charged on a different premise, which affected the conclusion of the judgment.

B. Even if the facts charged in this case’s order of unfair sentencing are found guilty, the lower court’s punishment (one million won of fine) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below, we affirm the judgment of the court below that found the defendant guilty of the facts charged of this case as just and there is no error of law as alleged by the defendant, and there is no error of law in the misapprehension of the legal principles as to the facts charged of this case.

B. As to the assertion of unfair sentencing, as the defendant caused a traffic accident due to the careless driving of the defendant, thereby causing human and physical damage to the victim, it is necessary to punish the victim accordingly. However, the degree of damage caused by the accident in this case is very minor and sufficient compensation is possible by the liability insurance in which the defendant's vehicle is subscribed, and the defendant has a severe disability in the second degree due to brain disease and is economical.

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