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(영문) 인천지방법원 2018.10.17 2018노1682
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as the misunderstanding of the facts or misapprehension of the legal doctrine, discovered the victim around October 16, 2017, and could not have predicted that the victim would cross the road without permission. Moreover, the Defendant was an urgent control.

Even at that time, there was no possibility of avoiding the accident because the victim was within the necessary stop distance in order to avoid the collision with the victim.

On October 16, 2017, around 19:15:06 on October 16, 2017, the Defendant was able to recognize the victim’s unauthorized crossing over the central line without permission, and the Defendant was rapidly dynamic.

Even at that time, there was no possibility of avoiding the accident because the victim had been within the suspension distance.

2) The sentence sentenced by the lower court to the Defendant (two years of suspended sentence in August) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination

A. The part of the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine also asserted to the same effect, and the lower court rejected the Defendant’s assertion on the grounds indicated in its reasoning in determining the Defendant guilty of the facts charged of this case. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justifiable. In so doing, it erred by misapprehending the facts or by misapprehending the legal doctrine, which affected

It does not seem that it does not appear.

B. Considering the unfair sentencing argument of the Defendant and the Prosecutor as to the sentencing argument part in the instant case’s records and arguments, even considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is all filed.

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