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(영문) 서울서부지방법원 2020.09.14 2020노494
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal of this case (the factual error), the judgment of the court below which found the Defendant guilty of this case is erroneous in misunderstanding of facts, even though it is apparent that the Defendant was out of the route bus on which the Defendant was in operation that there was no physical or human damage, and that there was no physical or human damage.

2. The judgment of the court below and the defense counsel of the court below asserted the same purport as the reasons for appeal of this case, and the court below rejected the above assertion in detail on the defendant's assertion and its decision under the title "a decision on the defendant's and defense counsel's assertion".

Examining the above judgment of the court below in a thorough manner with the evidence adopted and examined by the court below, the judgment of the court below is just, and it cannot be said that there were no errors in the misapprehension of facts as alleged by the defendant, which affected the conclusion of the judgment

(A) Even if the victim’s scooter was not exceeded, or even if the defendant had not clearly seen that the scooter was at the bus driver’s seat, the defendant clearly aware that the collision with the scooter was committed, the defendant should have taken necessary measures. Furthermore, the defendant’s assertion is without merit, in addition to the fact that the victim was scood for a considerable distance from the bus of the defendant leaving the site to his scooter.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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