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(영문) 창원지방법원 2014.12.11 2014노629

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant accident, was not aware of the shocking fact of the Victim G (hereinafter “victim”) with the Defendant’s driver’s vehicle at the time of the instant accident, and there was no need to take relief measures against the victim. Therefore, the Defendant had no intention to flee.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

B. In light of the fact that the defendant has no record of being punished domestically, that the defendant is not punished by the victim under an agreement with the victim, that the defendant is not punished by the victim, and that a compulsory departure measure against the defendant can be taken when the sentence of the court below is finalized, the sentence of the court below's decision (the suspension of sentence of a fine of KRW 6 million) is too unreasonable.

2. Determination

A. The defendant and his defense counsel argued the same purport as the above reasons for appeal in the court below, and the court below rejected the above argument in detail with the argument of the defendant and his defense counsel under the title of "decision on the argument of the defendant and the defense counsel" in the judgment of the court below. In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are as follows: ① the defendant continued to run the vehicle while driving the vehicle by the defendant, i.e., the victim continued to go through the vehicle at the seat of the driver's seat, and the victim was unable to go behind the driver's seat of the defendant at the first floor of the instant parking lot. In the process, the victim did not appear at any moment, and considered that the victim was about to go beyond the victim, at the time of "......."