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(영문) 서울서부지방법원 2019.06.20 2018노1734
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (A) against the victim D, it is difficult to see that the victim D suffered bodily injury under the Criminal Act. Since the defendant could not be fully aware of the fact that the injury occurred in the process of dividing the above victim's talk from the accident after the accident, it is difficult to see that there was a need for relief against the above victim.

Therefore, this part of the facts charged should be acquitted.

B) With respect to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Victims) against the victim F, it is difficult to see that the victim F was injured under the Criminal Act. In addition, since the victim F escaped from the scene before the victim left the scene, the victim F expressed an external intent that he/she is not required to take relief measures. Therefore, it is difficult to view that the defendant escaped without taking relief measures against the victim F, and therefore, this part of the facts charged should also be judged not guilty, and therefore, it erred by misapprehending the legal principles

2) The sentence imposed by the lower court on the sentence of unfair sentencing (two years of suspended sentence for eight years of imprisonment, two hours of community service order 120 hours) is too unreasonable. (B) The Defendant appears to have taken drinking at the time of the instant accident by mistake of facts or misapprehension of the legal doctrine (not guilty part in the grounds). The Defendant in a drinking state is likely to cause a new traffic accident if the Defendant escaped by driving a motor vehicle rapidly, and the victim D would be likely to restrain it or drive the motor vehicle, and may cause other traffic risks and obstacles. Therefore, the Defendant shall be deemed to have escaped without fulfilling the necessary measures under Article 54(1) of the Road Traffic Act.

Therefore, the defendant.

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