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(영문) 대전지방법원 2014.11.06 2014노1451

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor 1) misunderstanding of facts, misunderstanding of legal principles, the defendant left the scene for about five minutes immediately after the victims' vehicle was shocked by K, etc. and left the site near the scene of the accident, and the police officers who received a report arrived at the site, at the time of arrival of the scene, they did not make all the behaviors of the defendant and the defendant at the site of the accident, and returned to the site of the accident after about twenty minutes passed, and without any special words such as seeking understanding from the victim D, leaving the scene of the accident. The victim D was given contact with the defendant or the defendant after the agreement with the defendant, and changed the statement because it was not consistent as to whether the defendant's name and contact address were given, making it difficult to believe the defendant's statement because it was not consistent, which affected the conclusion of the judgment, the court below erred by misunderstanding of legal principles or by misapprehending the legal principles as to unjust sentencing.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the legal interest protected by the said Act as to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, if it is not deemed necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, by comprehensively taking into account the details and contents of the accident, the victim’s age and degree of injury, circumstances after the accident, etc., the accident driver shall take such measures as aiding and abetting the victim.