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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2019.05.30 2018노2893
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any misunderstanding of facts against the victim.

B. Unreasonable sentencing

2. Determination

A. The following facts can be acknowledged according to the evidence established by the lower court after examining the assertion of mistake of facts.

① The victim complained of the Defendant’s bicycle at the place stated in the facts charged in the instant case, immediately after the Defendant passes along with the victim’s bicycle, and subsequently brought the Defendant’s bicycle at his port, and subsequently, brought the Defendant’s bicycle at the place to see why she would escape.

(2) On February 6, 2018, around 18:35, the date when the instant accident occurred, the victim stated to the effect that “the Defendant carried out his arms with a bicycle. The Defendant will again report the date when it is necessary to see the Defendant’s talk.”

③ The victim, G, and I stated that “The Defendant and the victim exchanged the instant accident in L after the instant accident. The Defendant stated that “The Defendant may receive a vinyl which was a victim’s grandchild at the time of the said conversation.”

④ On February 7, 2018, the victim was diagnosed by Nwon as “the front part of the front part of the region” on the following day after the instant accident occurred.

According to the above facts, (i) the victim's statement is supported by the statement of a third party (G, I), objective evidence, circumstances after the accident, etc., and is relatively consistent, (ii) G and I are hard to find any motive to make a false statement clearly, and there are no special circumstances or data to deem that the judgment of the court below was clearly erroneous, (iii) the name of the victim in the above medical certificate corresponds to the victim's injury part, and the reasons for issuing the medical certificate are also consistent.

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