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(영문) 수원지방법원 2018.05.16 2017노9029

특정범죄가중처벌등에관한법률위반(도주치상)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant 1’s assertion of factual mistake did not cause an injury to the victim while driving a Bo Rexroth vehicle while causing a traffic accident, but did not take necessary measures and leave the site. While the instant vehicle stops, one of the victims, while driving a vehicle in front of the Defendant’s driving vehicle, she was frightened by the Defendant, and the victim suffered the instant injury due to its shock.

Therefore, the victim's injury is not an injury caused by a traffic accident, and there was no need to take protective measures such as aiding the victim, and there was no intention to escape from the defendant.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.

Shebd Sentencing Sentencing unfair, the sentence of the lower court (hereinafter 7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The lower court rejected the Defendant’s assertion that the instant accident was a traffic accident and the victim’s injury was not an injury due to a traffic accident, on the following grounds: (a) the Defendant’s judgment was written in detail not more than three pages of the lower judgment.

Da. The circumstances cited by the lower court are as follows, which are acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the situation in which it was difficult to operate the vehicle on the road of this case due to personal wave, as alleged by the Defendant.

Even if the defendant turns the vehicle in this case and does not completely stop the vehicle, the defendant asserts that he does not close the door of the vehicle in this case. However, the victim has left the door of the vehicle in this case since the investigative agency to the court below.