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(영문) 광주지방법원 2021.02.02 2020노797

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)] that the victim suffered injury to the extent that it is necessary to take relief measures

Now, even if such fact is recognized, the defendant knew and escaped.

shall not be required to do so.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence for one year of imprisonment, 80 hours of community service order, and 40 hours of attending order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances revealed by the lower court and the evidence duly adopted and examined by this court, namely, ① the instant accident conflicts with the Defendant’s vehicle in the signal atmosphere, and the victim’s vehicle in the air is not considered to be the fast speed of the Defendant’s vehicle that collisioned with the victim’s vehicle, but the victim seems to have suffered a lot of shocks while the victim was faced with the sudden accident at the time of the suspension, and accordingly, the victim’s physical strength could have sufficiently been reduced or lighted, and ② the victim was aware of his body as the upper part of the safety bell at the court of the lower court, and was open due to the lack of light weather at the time of the accident.

In the accident, the part of the dog, shoulder, string, and arms were freshing, and the hospital was provided with physical treatment.

There was a little number of pains.

(3) On August 16, 2019, the day following the date of the instant accident, G oriental medical doctor F diagnosed the victim as “inception, fluoral, base base and tension of the pelvis, base and pelvis of the pelvis, and base and tension of the pelvis,” which require the stability and medical treatment of approximately two weeks of care.” At the court of the original instance, the victim is present in the court of original instance as a witness and the victim is deemed to have softened with the pelvis.

shall be memoryd with what they had been.

When the adjoining land was shocked or damaged.