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(영문) 수원지방법원 2019.10.18 2019노3709

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (Mioiopia) against the gist of the grounds for appeal, the defendant did not provide personal information to the victims after the occurrence of the accident in this case, but considering the protected legal interests of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant took necessary measures such as aiding victims through I, etc.

The defendant had no intention to commit an escape.

With regard to the violation of the Road Traffic Act (Refusal of Drinking Measures), the arrest of the defendant against the defendant in the act of committing an offense is illegal, and thus, the violation of the Road Traffic Act (Refusal of Drinking Measures) is not established as to refusal of drinking measurement under illegal arrest.

2. The Defendant also argued in the lower court’s trial as the same, and the lower court found the Defendant guilty of all the charges of this case in full view of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below in comparison with records, the judgment of the court below is just and there is no error in the misapprehension of legal principles as alleged by the defendant in the judgment below.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.