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(영문) 대전지방법원 2016.10.27 2016노1199

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have no criminal intent to escape at the time of the instant case, and the victim D and F’s injury is natural therapy that could not be evaluated as an injury under the Criminal Act was no longer necessary to treat them as an standing room. At the time of the instant case, it was evident that the victims did not appeal to the Defendant for physical pain, and thus, it is not necessary to take relief measures because the damage caused by the instant accident was insignificant. Therefore, even though the Defendant did not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of the Road Traffic Act (unclaimed Measures after Accidents), the lower court convicted the Defendant of the facts charged in this case, thereby affecting the conclusion of the judgment by misunderstanding of facts and

B. The lower court’s sentence of an unreasonable sentencing (5 million won by fine) against the Defendant is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. 1) The judgment of the court below also argued that the defendant had the criminal intent to escape from the defendant. The court below also held that the defendant had the same intent as the reason for appeal in this part, and the court below stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim D had consistently been admitted from investigation agency to the court of the court of the court below to the extent that it was difficult for the defendant to take the body at the time, and the defendant could not have a conversationd because he could not speak properly (Article 8, 16 of the original trial statement and evidence record). The defendant could have driven under the influence of alcohol at the time of the court of the court of the court below (Ga accompanied by the defendant's vehicle was the day before the accident, and even on the day of the accident, he stated that the defendant was able to drink or drink.

(2) The victim D reports to the police, and then the defendant is called ‘the victim'.