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(영문) 대전지방법원 2016.06.01 2015노4052

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not recognize the fact that the instant traffic accident occurred, and the injury the victim sustained due to the instant traffic accident was extremely minor and necessary to provide relief measures.

It is difficult to see

I would like to say.

However, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in October, community service order, 80 hours of community service order, and 40 hours of lecture order for compliance driving) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court held that ① when the instant traffic accident occurred, the victim did not get off the vehicle even though the Defendant requested the Defendant to handle the accident that was lowered from the vehicle to the Defendant’s driver’s vehicle, and ② the victim was the victim himself.

In the end, the Defendant moved the vehicle to a way after moving the vehicle to another way. The Defendant left the scene of the accident as it is. ③ The victim visited the emergency room of the Jin general Hospital on April 26, 2015 due to the instant traffic accident, and was hospitalized in the hospital until May 4, 2015, and was diagnosed as being in need of treatment for approximately two weeks following the following day. ④ The Defendant was requested from the damaged person to handle the accident, ④ The victim was not in charge of the accident but in charge of the vehicle, sealed the photograph of the Defendant and the victim and reported the vehicle to the police, and ⑤ The Defendant appears to have recognized the fact that the damaged person was injured due to the occurrence of the traffic accident at the time of the instant accident, even if he did not recognize the fact that the traffic accident occurred.

Even if the injured party is above.