beta
(영문) 대전지방법원 2012.08.29 2012노109

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) and the operational route of the Defendant’s vehicle as indicated in CCTV, it cannot be deemed that the Defendant shocked the victim since it is difficult to train the Defendant’s vehicle after the driver’s seat.

In addition, while the defendant was driving and driving, he stopped on the side of the driver's seat while driving and stopped again, and did not see the victim. Even if the victim was faced with the defendant's vehicle, the defendant did not have any awareness of the accident itself, so there was no criminal intent of escape.

The statement of reasons for appeal states that the facts of the accident itself are denied, but it seems that the Health Council's assertion on the date of trial seems to be presented.

Nevertheless, the court below found the defendant guilty on the ground that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes was established. The court below erred by misunderstanding the facts or misunderstanding the legal principles on the intent of escape, which affected the conclusion of the judgment

2. The facts charged and the judgment of the court below

A. The Defendant in the facts charged in the instant case is a person who is engaged in driving a C-learning car (hereinafter “Defendant’s vehicle”). On April 7, 2010, the Defendant driving the said car around 07:36, and proceeded to turn to the left from the front side of the Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, by driving the said car at around 07:36 on April 7, 2010.

(See the attached Form No. 1) At the time, the Defendant neglected his duty of care to turn left by checking the front side and the left side of the Defendant’s vehicle, and due to negligence, the Defendant’s left shoulder part of the victim D(8) that was left on the left side of the Defendant’s driving direction, shall be the left part of the Defendant’s vehicle.