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(영문) 수원지방법원 2014.06.19 2013노5382

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the victims guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in this case, since it cannot be deemed that the victims suffered injury due to mistake of facts or misapprehension of legal principles (hereinafter “the First Claim”), and even if not, the Defendant did not recognize the fact that the victims boarded in the vehicle at the time of the accident and that the victims suffered injury due to the traffic accident in this case (hereinafter “the Second Claim”), and there was an error of misunderstanding of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. (1) According to evidence duly adopted and examined by the court below regarding the allegation of mistake or misapprehension of legal principles (1) the traffic accident of this case occurred in the part of the victim E in front of the front driver of the vehicle owned by the victim E, due to the traffic accident of this case, the rear driver of the vehicle for car for car for car for car for car for car for car for car for Kanun owned by the victim was broken, and the traffic accident of this case occurred on January 23, 2013. The traffic accident of this case occurred on January 23, 2013. The victim E was present at the police station around 11:00 on January 25, 2013. At the time, the victim was investigated. The victim was aware of the fact that the other driver of the vehicle for car for car for wndle-turf is sufficient to have sufficient knowledge of the fact that the other driver would suffer from the shock of the vehicle for 2nd day of the accident, and that it is expected that he will suffer damage to the other woman.