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(영문) 광주지방법원 2017.05.23 2016노1737

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The injury suffered by misunderstanding the facts and misapprehension of the legal principles is insignificant and thus it is difficult to view it as an injury under the Criminal Act. At the time, there was no awareness of the injury of the victim, and there was no criminal intent to escape.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As stated in the lower court’s reasoning, the victims are deemed to have suffered injury under the Criminal Act in light of the following: (a) the Defendant’s vehicle, while the Defendant’s vehicle was backward, faced with the central line and faced with the damaged vehicle waiting for signal; (b) the Defendant’s vehicle and the damaged vehicle’s photograph on the damaged vehicle; (c) shocked at the time of the accident; and (d) the developments leading up to the occurrence of the accident; and (b) the victims were hospitalized for 15 days or 16 days after receiving treatment at the hospital on the day or following the day of the accident and received hospitalized treatment.

③ In addition, the Defendant, immediately after the accident, told the victim H to the effect that H is suspected of driving the Defendant’s drinking, without notifying the victims of the defect of his personal information, and leaving the scene without taking any other relief measures; and ④ even if H was to drive a vehicle after driving the Defendant’s vehicle, the Defendant is sufficiently recognized as having committed an escape, in light of the following: (a) the Defendant did not stop.

Therefore, the defendant's assertion is not accepted.

B. The injury of the victims of the traffic accident caused by the illegal defendant in sentencing is relatively minor and the insurance money is paid to the victims.

However, the defendant is not guilty by overcoming the central line, causing a traffic accident, and not taking any relief measures, and the quality of the crime is not good.

In addition, all the sentencing conditions in this case, such as the defendant's age, sex, environment, motive, means, and result of the crime, shall be comprehensively considered.

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