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(영문) 인천지방법원 2017.01.11 2016노1226

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) ① Injury suffered by a victim is a naturally cured minor injury, and there is no need to take relief measures against the victim.

(2) In addition, even though the defendant informed the victim of contact information, the victim left the scene of the accident before refusing relief, and thus, the victim was aware of the necessity of relief measures or of the intention of escape.

shall not be deemed to exist.

2. Determination

A. Judgment 1 on the misunderstanding of the facts or misapprehension of the legal principles as to the Defendant’s assertion 1) was raised in the first instance, and as such, the following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below, namely, the victim, upon attending school on May 29, 2015, on the day of the instant accident, received hospital treatment for 11 days as “the knish and tensions, knebow’s kne’s kne’s kne’s kne’s kne’s kne, kne’s kne’s kne’s kne’s kne, kne’s kne’s kne’s kne’s kne, kne’s kne’s kne, and kne’s kne’s kne’s kne’s k’s kne’s kne’s k’s e

However, in light of the fact that it is difficult to deem the victim’s injury as an injury without being directly treated, it is difficult to view the victim’s injury as an injury to the extent that it cannot be evaluated as an “injury” under Article 257(1) of the Criminal Act.

Therefore, the above part of the defendant's assertion is without merit.

2) As to the Defendant’s assertion (2), the lower court also asserted the same as the grounds for appeal in this part, and the lower court, on the grounds the lower court stated in its reasoning.