beta
(영문) 의정부지방법원 2014.06.26 2014노399

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim G and K of the traffic accident (1 and 2 accidents) stated in the facts charged of mistake of facts and misapprehension of legal principles cannot be deemed to have suffered injury, even if the defendant escaped after the accident, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the above victims is not established.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

B. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles, the victim G suffered injury from the accident of this case, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① the defendant was faced with the central line at night at the speed of 40 km per hour with the left side of the victim's vehicle, and the victim seems to have been faced with considerable shock of the accident, such as shaking of the damaged vehicle, and ② the victim G was under the diagnosis of scam and scam for administration, etc. after the following day of the accident, the victim G was judged to have suffered injury from the accident of this case; ② The victim G was judged to have suffered injury from the accident of this case; ② the defendant was lawfully admitted to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) on the victim K, which is the following circumstances acknowledged by the court below, namely, the defendant's act of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) to prevent the damage to the victim's body after the accident of the victim.

Even if the victim is a victim, he/she will be on board the taxi.