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(영문) 수원지방법원 2020.06.12 2020노615

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

Defendant

The appeal of A and the prosecutor's appeal against the Defendants are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A (five years of imprisonment) by the lower court is too unreasonable

(2) The Defendant asserts that the Defendant is liable for the crime of death since another vehicle, which was used after the lapse of the period for submitting the statement of grounds of appeal in the instant case, was located on May 26, 2020 again in the case of Victim F, from the reference document for reference to May 26, 2020. Such assertion is an addition of the argument for misunderstanding facts after the submission of the period for the statement of grounds of appeal, and thus cannot be a legitimate ground for appeal (see Supreme Court Decision 2011Do466, Mar. 10, 201). However, the foregoing argument appears to have a meaning to urge the court to conduct an ex officio investigation. Even if the Defendant’s act does not directly cause the death of the victim, it is reasonable to view that there exists a causal relationship between the Defendant’s act and the death, even if another indirect cause occurred in the instant case, and if the death of the victim occurred after being placed on the road due to the previous accident, it is reasonable to view that there is a reasonable causal relationship between the Defendant 2 and the victim.