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(영문) 대전지방법원 2017.08.24 2016노3776

특정범죄가중처벌등에관한법률위반(도주차량)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the facts of the traffic accident at the time, and the Defendant did not have the intention of escape.

However, the lower court found the Defendant guilty of the facts charged of this case, and so, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. 1) The lower court’s determination as to the assertion of fact: (i) the traffic accident of this case is: (i) the victim F (F) driving vehicle 5 years old; (ii) the victim’s truck was changed from 3 to 4 lanes; (iii) the victim’s f driver’s vehicle’s vehicle 5 years old, which was hard to see the fact that the victim’s f motor vehicle f will flow on the left side of the said truck with the front part of the said truck; (iv) the victim’s vehicle f motor vehicle f is difficult to see the fact that the accident occurred due to the fact that the victim’s vehicle f is closed to the left side by 0-3 vehicle f.m.’s vehicle f.’s vehicle f.’s vehicle f.m.’s vehicle f.’s vehicle f.’s vehicle f.m.’s vehicle f.’s vehicle f.’s vehicle f.m.’s vehicle f.’s vehicle f.’s vehicle f.