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(영문) 서울동부지방법원 2017.07.21 2017노3

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts was unable to recognize the occurrence of a traffic accident and the injury of the victim itself.

In addition, the accident of this case occurred due to the unauthorized crossing of the victim, and the defendant could not expect that the victim will cross the accident without permission, and therefore, the defendant was negligent in the defendant's fault.

shall not be deemed to exist.

Nevertheless, the court below erred by misunderstanding the facts, thereby recognizing the defendant's liability for the accident of this case, and finding the defendant guilty of the escape.

B. The sentence of a fine of KRW 5 million sentenced by the lower court is too unreasonable in light of all the sentencing conditions of the instant case’s argument that the sentencing is unfair.

2. Judgment on the assertion of mistake of facts

A. As to the assertion that the Defendant did not recognize the occurrence of an accident first, the health team and the Defendant asserted the same purport in the lower court, and the lower court, based on the evidence duly admitted and investigated in its reasoning, can sufficiently recognize that the Defendant escaped without taking necessary measures despite being aware of the occurrence of a traffic accident and the injury of the victim.

The decision was determined.

In a thorough examination of the above evidence, the above judgment of the court below is just, and there are errors as alleged by the defendant.

It does not seem that it does not appear.

Ultimately, the defendant's above assertion is without merit.

B. Next, with respect to the assertion that there was no negligence by the Defendant, the following circumstances that can be acknowledged by the foregoing evidence, namely, the location of the instant accident is near the market, where pedestrians’ unauthorized crossing is frequent, and the road situation as above on the Defendant India was well known. In such a case, a driver of a motor vehicle must slowly go slowly and closely do so, and the accident scene is facing the accident.