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(영문) 의정부지방법원 2014.07.10 2013노2561

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not ask the victim of the instant accident, and the Defendant did not have the intention to flee at the time, and thus, the Defendant did not constitute a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) among the facts charged in this case

2. Determination

A. The following circumstances acknowledged by the court below as to whether the victim was injured by the evidence duly admitted and investigated by the court below, namely, ① E was diagnosed by injuries such as scopher and tensions, scopher and tensions, scopher and tensions, and tensions, after the instant accident. From February 25, 2013, from March 7, 2013 to March 9, 2013, and from March 11, 2013; ② the medical care benefits of the National Health Insurance Corporation submitted by the counsel, etc., it was acknowledged that E received several medical treatments such as taking drugs and taking physical therapy, etc. before the instant accident; ② the victim was diagnosed by the police station prior to the instant accident, and the victim was unlikely to suffer scopic and tensions in the instant case, not at the time of the accident, but at the time of the accident.

Even if so, according to the victim's attitude at the time of the accident, etc., the victim is likely to have suffered an injury, such as the need for salt, etc.