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(영문) 서울동부지방법원 2013.09.13 2013노154
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 6,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. There is no evidence that there is a conflict between a passenger car driven by the defendant at the time of the accident of mistake of facts and a car driven by G.

Even if there was a conflict of snows, it is highly probable that the defendant did not recognize the conflict because the defendant was in a state of being detained at the time and it was a minor contact.

Nevertheless, the judgment of the court below which convicted the defendant by recognizing the collision and escape, has an error of law that affected the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (the fine of KRW 10,000,00) is too unreasonable.

2. Determination

A. The following circumstances acknowledged in the lower court’s determination on the assertion of mistake of facts were duly adopted and examined in accordance with the evidence duly adopted and examined: (i) the statement made at the time when Otoba passengers (G, I, and H) faced with the Defendant’s car and G offba, is specific and consistent; (ii) most of the images recorded in the Defendant’s car are consistent with the Defendant’s car in the black box; (iii) the J operating a freight vehicle by following the Defendant’s car at the time of the accident directly viewed that the Defendant’s car and G met with the Defendant’s car at the time of the accident, and made a concrete and definite statement; (iv) there seems to be no reason to make a false statement on this; and (iii) there seems to have occurred a conflict between the Defendant’s vehicle and the object protruding, such as Otoba or bicycle, on the right side of the Defendant’s vehicle; and (v) there seems to exist defects in its own house at the time of the accident.

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