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(영문) 춘천지방법원 2014.04.02 2013노735

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Grounds for appeal by a prosecutor;

A. In light of the fact that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) was committed on the ground that the defendant was fully guilty of this part of the facts charged, on the grounds that the victim who observed the crime at the time, witness's statement, CCTV images taken by a gallon, and the defendant was driven on a route similar to that of a gallon, which was taken on the CCTV images, the judgment of the court below

B. The sentence of unfair sentencing (one year of suspended sentence in six months of imprisonment) by the lower court is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is a person engaged in driving a car with Cgallon.

On January 11, 2012, at around 17:50, the Defendant had a duty of care to prevent accidents in advance by driving a car in front of the Skelcom located in the Jgalle-gun of Gangwon-gu, the Jalle-gu, the Jalle-gu, the Jalle-gu, in a situation where the surrounding areas are set up at the time, and the victim D (n, 69 years old) gets on a bicycle in the opposite part, and thus, the Defendant had a duty of care to prevent accidents in advance bypassing at a speed.

Nevertheless, the Defendant neglected to do so and neglected to obtain a driver’s license, and neglected to stop immediately and escaped without any necessary measures, while taking the front wheel part of the bicycle riding on the right side of the said gallon driver’s car, which was on the right side of the said gallon’s car, beyond the victim’s road, thereby causing bodily injury to the victim, such as the mouth 8 chests, which requires approximately 12 weeks medical treatment.

B. The lower court determined that the victim is a victim’s bicycle (hereinafter “victim”).