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(영문) 창원지방법원 2019.05.16 2018노2170
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) is that the defendant's defect in the facts charged of this case conflicts with two vehicles at a speed to change the vehicle line, and the defendant does not intentionally shock the victim's vehicle.

2. Determination:

A. Although the lower court also asserted the same purport as the allegation of mistake of facts or misapprehension of legal principles, the lower court rejected the above assertion on the grounds as indicated in its holding, and found the Defendant guilty of the facts charged.

B. In addition to the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court, the lower court’s determination that found the Defendant guilty of this part of the facts charged is just and acceptable. In so doing, it did not err by misapprehending the facts pointed out by the Defendant or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

Therefore, the above part of the defendant's assertion is without merit.

1) The victim, for about five seconds before the occurrence of the accident, 78.1km/h from 8.8km to 8.8km (average speed, approximately 83.1km/h) in front of the defendant's vehicle, was driven in about three seconds, but at the time of the occurrence of the accident, about about 69.7km/h from about 69.7km to about 102.9km, was driven in front of the defendant's vehicle, and the fact that the accident was driven in driving may be recognized.

However, if a screen image taken in a black box installed at the time of the accident, it seems that the location of the Defendant’s vehicle was not much forward of the victim’s vehicle at the time of the change of the lane, but was located front of the victim’s vehicle immediately adjacent to the victim’s vehicle.

When changing the lane in common, it is common that if the vehicle is located on the next lane, it is when the vehicle is changed on the rear side, or when there is no possibility of collision at the front line than the vehicle.

(b).

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