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(영문) 의정부지방법원 2015.12.18 2015노2280

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was at the time of the instant case, and there was no fact that the victim, who was walking prior to the time of the instant case, did so by sudden playing in a sudden manner, and the Defendant did not shocked the victim with a car driven by the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the allegation of mistake of facts, and the lower court consistently stated that the victim was faced with the vehicle and the bridge driven by the Defendant by the investigative agency and the lower court until the trial court, and that the victim was under medical treatment on September 6, 2014, which was the date of the accident, and was under hospital treatment from September 15, 2014 because the victim was not provided, and that the victim was under hospital treatment from September 15, 2014, and that the Defendant left the site as it was recognized that the victim left the site even if he was the victim, according to the aforementioned facts and circumstances, the lower court determined that the Defendant was proven to have left the site as it was necessary to take measures under the relevant provisions of the Road Traffic Act, such

The lower court duly admitted and examined the following circumstances, i.e., ① the victim, on the day of the instant case, stated at the investigative agency that “the amount of c white car, which was driven by the gold field in the vicinity of the gold village, was shocked on the left side by the front side of the left side. (No. 2nd 3, 14th of the investigation record) and the victim was hicked on the front side of the left side of the upper side. (No. 2nd 3, 14th of the investigation record).” At the second police’s statement, the victim, who was at a shorter distance from 5 to 6 meters from nose, was shocked by himself.

Then, its left-hand bridge;

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