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(영문) 대구지방법원 2018.04.12 2017노4201

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, after the instant accident occurred, left the left and stopped on the side, and only left the scene of the accident because the damaged vehicle cannot be seen, and there was no intention to escape.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence of the lower court’s determination as to the assertion of mistake of facts, the Defendant: (a) driven a vehicle on a two-lane that can turn to the left, not only a one-lane but also a right-hand turn; (b) caused an accident of collision between the driver’s vehicle of the victim who turns to the left at a one-lane; (c) the victim was making a direct stop after the instant accident; (c) the Defendant was making a left-hand stop by making a left-hand turn to the left-hand turn; and (d) the Defendant was able to sufficiently find the victim’s vehicle because the place where the victim stops is not far from the place where the Defendant stopped; (d) the victim was placed on the vehicle with an emergency vehicle, etc.; and (5) the Defendant was driven on the vehicle; and (d) the victim went to the vehicle without standing, and the victim was

Recognizing the fact that the Defendant’s vehicle was placed on the outside of the Republic of Korea, the fact that the Defendant’s vehicle was placed on the outside.

Comprehensively taking account of the various circumstances revealed in the above facts, it is sufficient to recognize the fact that the defendant escaped without taking necessary measures, such as aiding the victim while recognizing the accident of this case and the injury of the victim.

B. The Defendant agreed with the victim to determine the unfair argument of sentencing.

However, in full view of the following circumstances: (a) the Defendant escaped even after having committed a traffic accident; (b) the Defendant’s age, sex, environment, family relationship; (c) motive and background of the crime; (d) the motive and consequence of the crime; and (e) there is no change in circumstances or circumstances that may change the lower court’s sentencing after the crime.