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(영문) 광주지방법원 2016.03.29 2015노2346
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant, by mistake of fact, did not know of the collision with the victim's Obaba and continued to conduct the accident itself, and there was no awareness of the accident itself. Therefore, the lower court erred by mistake of fact.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

Judgment

A. According to the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, the following facts can be acknowledged: ① the defendant, while proceeding into a two-lane, found the victim's right-hand part prior to 50 meters or more from the point of accident, and entered a two-lane to overtake it; ② the victim's right-hand part in a two-lane by the defendant's rapid right-hand part; ③ the victim's right-hand part on the right-hand part of the cargo of the defendant, and the victim's right-hand part was flick into the left-hand part, and the victim's right-hand part was flick into the left-hand part of the victim's right-hand part.

In light of the above circumstances, the Defendant tried to discover and overtake the victim's right-to-land located in two lanes prior to a considerable distance from the point where the accident occurred, and thus, the Defendant appears to have been aware of the right-to-land while making a direct overtaking and bypassing at one lane. ② The Defendant considered that the passenger was a cargo passenger by making a right-to-way at one lane to the point where the vehicle was rapidly dangerous, and there was a shock to the extent that the Defendant's vehicle would be imprisoned due to the collision between the Defendant's vehicle and the Orto-Land, but there was a shock to the extent that the Defendant's vehicle would be imprisoned. However, the Defendant, as the driver, was not aware of the right-to-land during the right-to-way or was unaware of the shock due to the collision with

It is difficult to see, 4. The police discovered the cargo vehicle of the defendant around 18:05 and arrested the defendant, after receiving the information that the vehicle similar to the vehicle that caused the traffic accident in around 19:59 is proceeding in the agricultural direction.

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