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(영문) 대전지방법원 2014.03.26 2013노1848
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized a different fact in the Criminal Act even though the victim suffered injury due to the traffic accident in the instant case due to the mistake of facts and misapprehension of the legal principles, and acquitted the victim as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "driving vehicle"). There is an error of law by misunderstanding of facts

B. The sentence imposed by the court below on the grounds that the sentence of an unreasonable sentencing (1.5 million won of a fine) is too uneasible and unfair.

2. Determination:

A. On February 1, 2013, at around 16:55, the Defendant: (a) driven a knife knife knife vehicle in C; and (b) proceeds along three-lanes from Daejeon High School to the knife distance; (c) due to the negligence of leaving the knife line while neglecting his duty of care to accurately operate the steering gear and safely drive the knife and prevent the accident by safely operating the knife; and (d) the knife part and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

The Defendant, by negligence in the course of performing the above duties, sustained salt salvines in the light fry that require approximately two weeks of treatment to the victim, but did not immediately stop and take measures such as providing relief to the victim, and escaped as is.

B. In full view of the circumstances acknowledged by the records of this case, namely, the traffic accident of this case is minor, and the victim stated in an investigative agency to the effect that “the occurrence of pains was occurred in the course of towing the Defendant’s vehicle at the time of the traffic accident,” and the pains in the part of this case may occur in the course of towing the Defendant’s vehicle, the lower court shall submit the inspection.

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