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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2017.06.13 2016노3089
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was unaware of the fact that the accident occurred at the time, he did not have the intention to commit an escape.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant recognized that the victim was absent from the scene of the accident while recognizing the occurrence of the accident in the process of avoiding the change of the lane of the Defendant at the time, and thus, the Defendant’s assertion of mistake of facts

(1) The Defendant attempted to enter the lane at the time of entry into the lane where the victim had proceeded, and confirmed the light coming from the damaged vehicle through the string, and re-entered into the lane with the damaged vehicle, and led to a sound smoking.

was stated.

(2) A witness who has appeared in an accident at the time, shall take the witness according to the si of the defendant after the accident occurred.

운 후 이야기를 할 때 택시에 탄 승객이 당시 쿵 하는 소리를 듣기는 했다고

The statement was made to the effect that it stated.

③ According to the black image, at the time, the victim’s vehicle was left at the center and flicked, caused a considerable flame, resulting in the central separation stand, and all the next stop in the original condition and stop on the entry lane. Considering that the time was at night, the Defendant would have been at night after the center and after the center, and as the vehicle of the victim was returned to the victim’s vehicle and the vehicle of the victim, it would have been sufficiently seen that he could have seen that the Hdart moved to the victim’s vehicle due to the death or the left side.

(4) A witness’s vehicle that was going behind the victim’s vehicle is almost stopped immediately after the accident occurred, and the defendant’s vehicle shall be the vehicle of the witness at the point of ten seconds from the accident.

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