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(영문) 대구지방법원 2015.01.15 2014노2074

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) The defendant stopped immediately after the accident, gave him a mobile phone to the victim, and informed him of the contact details of the defendant, and the victim does not appear in the scene, and there was no intention of escape.

Of the facts charged in this case, the judgment of the court below which convicted him of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court on October 12, 2013, the Defendant: (a) changed the vehicle line around 01:20 on October 12, 2013; (b) caused a traffic accident involving the rear part of the damaged vehicle due to the front part of the Defendant’s vehicle; (c) immediately after the instant accident, the victim: (a) moved the vehicle to the side; (d) the Defendant and the victim moved the vehicle to the side; (b) the victim called the victim to the F Hospital; (c) the victim called the victim’s cell phone; (d) the victim called the victim to the victim’s wife; (d) the victim called the victim’s wife until the time the wife was faced; (c) the victim tried to board the vehicle by disregarding it; (d) the victim was placed in the driver’s seat on the front part of the Defendant’s vehicle; and (d) the victim was reported to the police officer on the accident and left the scene; and (d) the victim was recognized in the hospital and the victim’s hospital for treatment for two days.

The above accident background and the victim's injury diagnosis.