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(영문) 서울북부지방법원 2016.03.11 2015노797

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be set forth in six months.

Reasons

1. Summary of grounds for appeal;

(a) The prosecutor (the first instance judgment) provided the driver with data capable of verifying his identity before leaving the scene of the accident;

Even if a person does not take measures, such as aiding a victim, it shall be applicable to escape.

The defendant's act does not constitute escape on the ground that the defendant ordered the victim to order his own name, etc.

The judgment of the court below is erroneous in the misunderstanding of facts or legal principles.

B. The Defendant (the lower court’s judgment 2) was revoked on the ground of the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine, but the Defendant’s act did not constitute escape.

Since there is no reason to cancel a license, the defendant's act is not a non-licensed driver.

B) On April 20, 2015, the Defendant was decided to suspend the execution of the license until the Seoul Administrative Court 2015-Gu 2015-Gu 53506 decision was rendered to revoke the driver’s license.

Since the execution of the cancellation disposition was suspended, the defendant's act is not driving without a license.

2) The punishment of an illegal defendant is too heavy.

2. Determination

A. On December 10, 2014, the Defendant: (a) around 23:40 on December 23:40, 2014, the summary of the public prosecutor’s appeal room: (b) the Defendant driven a B rocketing car; and (c) one-way passage along the road, without distinguishing the two lanes located in Seongbuk-gu Seoul Metropolitan Government G, into the face of sexual strings; and (d) the Defendant driving a motor vehicle at night and at the same time, the passage of the people is frequent at that place; and (e) the Defendant was negligent in neglecting his duty of care to accurately operate the steering direction and brake system and drive it safely while neglecting the duty of care to operate it; and (e) the victim H crossing the road at the front part of the Defendant’s vehicle.