The defendant shall be innocent.

1. The summary of the facts charged is a person who drives a passenger car by obtaining a franchise.

On April 5, 2016, around 18:10 on April 5, 2016, the Defendant was driving by moving back to the back road in the front of Chuncheon City.

In such cases, a person engaged in driving service has a duty of care to operate safely by thoroughly considering the situation before and after the direction of the proceeding.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 우회전 한 과실로 마침 피고인 차량의 진행방향 우측 횡단보도 상에서 피고인 차량과 마주보며 보행 중이던 피해자 E(19세, 여)의 우측 팔을 피고인 차량 우측 후사경(빽미러) 부분으로 충격하였다.

Accordingly, even though the Defendant suffered a shoulder or sprinkbling that requires the victim's treatment for about two weeks due to such occupational negligence, the Defendant immediately left the shoulder and escaped without taking relief measures.

2. Legal doctrine

A. In a criminal trial, the recognition of a criminal fact should be based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be given, suspicions of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable.

Even if the interests of the defendant should be judged as the interests of the defendant

(see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013). (B)

In order to establish a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the result of death shall arise to the victim.

In general, the injury diagnosis report submitted by the victim of the crime of injury is that the doctor grasps the cause of the injury based on the victim's statement and describes the part, degree, etc. of the injury observed and judged by mobilization of medical professional knowledge, and the diagnosis date for the injury is the injury.