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(영문) 서울중앙지방법원 2017.04.13 2016노4273

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendant was unable to recognize the occurrence of an accident at the time of the occurrence of the accident; (b) the Defendant was unaware of the fact that the injured party was injured and damaged; and (c) the extent of the injured party’s relief was not required due to the minor details of the accident or the degree of injury at the time; and (d) the lower court found the Defendant guilty of the non-measures following the accident among the charges

The prosecutor's (unfair sentencing) sentence sentenced by the court below (one year of imprisonment, two years of suspended execution, and two times of community service order) is too unfluent and unfair.

Judgment

According to the evidence duly admitted and examined by the court below as to the defendant's assertion, the following facts can be acknowledged.

피해자는 수사기관에서 당시 사고로 쿵 하면서 차량이 흔들리고 몸이 앞뒤로 흔들렸다고

was stated.

On November 7, 2015, the part of the fences of the driver’s seat of the victimized vehicle caused damage to the said accident (the investigation record No. 41, 569,534, 402,743, 402,743, 569, 300, 400, 400, 400, 403). The Defendant opened the scene of the accident and submitted a medical opinion, opinion, and confirmation document, etc. that the victim conducted the hospitalized treatment at the J Hospital after November 7, 2015 (the investigation record No. 36-39, 50, 99). On November 6, 2015, the Defendant driven the damaged vehicle without occupying its windows around 46, 200, 50,000, 400,000,000,0000,000,000,000).