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(영문) 제주지방법원 2017.10.19 2016노623
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The victims of the misunderstanding of fact were issued a medical certificate after the accident of this case, but there was no actual injury.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Circumstances acknowledged by each evidence duly adopted and examined in the original trial and the trial in addition to the Defendant’s statement in the lower trial as to the assertion of mistake of facts, namely, ① the witness F of the first instance trial reported the difference of the Defendant’s vehicle going beyond the “(at the time of the instant accident) one’s own central line,” and the shocked up to the hand.

The degree of shoulder was that the thombath was the “I hospital”, “The drugs were prescribed by the prescription, and the drugs were used for 3 days, and received physical treatment.

At the time, the shoulder was flicking, but it was not properly treated, and even after the process of traffic accident, the statement was made to the effect that "I am at the hospital". ② At the court, the witness H am at the trial, "(at the time of the accident in this case) was seated on the back seat of the taxi driven by the defendant (at the time of the accident in this case) going beyond the left side, and am out to the left side, so there was a serious pain on the left side of the ( body).

There is no fact that this part has been treated before.

The Jeju Hospital received emergency treatment, and hospitalized in a hospital in Ansan, and received medical treatment as well as physical treatment.

On January 1, 2016, traffic accidents have occurred, but at that time, her m/he was treated with her part.

In full view of the fact that the statement to the purport that “” was stated, ③ the entry of each factual inquiry reply to the JJ hospital and I hospital conforms to the said witness’s respective statements, and otherwise there is no other circumstance to suspect the credibility of the said witness’s statement, the victims due to the instant traffic accident.

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