beta
(영문) 부산지방법원 2013.11.15 2013노2649

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실오인 피고인은 1차 사고 발생 후 당�하여 브레이크를 밟는다는 것이 가속페달을 밟아 진행하게 된 것일 뿐 도주의 고의가 없었다.

B. The sentence of a fine of five million won imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the court below by comprehensively taking account of the evidence legitimately adopted and examined, namely, ① the Defendant acquired Class 2 ordinary driving licenses on May 21, 1989; ② the Defendant acquired Class 1 ordinary driving licenses on October 2, 2003; ② the Defendant was driving at the front-hand gate of the front-hand gate in the front-hand gate in the front-hand gate of the damaged vehicle in order to overtake the damaged vehicle at the front-hand gate in the front-hand gate of the damaged vehicle in front, while driving at the front-hand gate in the front-hand gate room of the accident at around 18:10 on January 28, 2013; ③ the Defendant was able to stop the damaged vehicle by 20 meters prior to the front-hand gate in the front-hand gate of the damaged vehicle in front after the first accident; ④ even if the Defendant was able to think that the vehicle was driven by 25 meters prior to the end of the accident.