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(영문) 인천지방법원 2020.05.01 2019노1607
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts or misunderstanding of legal principles infringe on the completeness of the body.

It cannot be deemed that the victims suffered injury to the degree of harm from the physiological function, and if the victims suffered injury, it cannot be deemed that there is a proximate causal relationship between the accident in this case and the injury suffered by the victims.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles and the evidence duly adopted and investigated by the court below and the trial court. In other words, at the time of the accident, the driver of the damaged vehicle: (i) at the time of the accident, the driver of the Defendant’s vehicle entered the road along the right-hand side to the right-hand side; and (ii) at the time of the accident, the driver’s vehicle was faced with the centralized separation zone; and (iii) at the time of the accident, the driver’s vehicle gets into the left side, and the victim was suffering from the pain; (iv) the victims who were on board the damaged vehicle at the time of the accident were considerably playing due to the shock by the entry of the victim’s small vehicle; and (iv) the victims’ physical condition frighten or the victim’s physical condition frighten, or the victim’s injury was sufficiently affected by the victim’s medical examination and treatment.

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