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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.10.24 2013노861
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, it is difficult to readily conclude that the victim suffered bodily injury due to traffic accidents caused by the Defendant, and even if the victim suffered bodily injury, it was necessary to take measures such as aiding the victim at the time.

Although the defendant was found not guilty on the ground that it is difficult to see it as leaving the scene without recognizing it, the victim appears to have suffered injury and the defendant's act of leaving the site without taking any measures therefor should be evaluated as escape, in light of the fact that the damaged vehicle is likely to have been shocked to an extent that the damaged vehicle is pushed down about 1 meter high due to the traffic accident in the instant case, and the victim actually received physical treatment and injection treatment after the accident in question, etc.

B. The sentence of a fine of one million won imposed by the lower court is too uneased and unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles and the evidence duly adopted and investigated at the court below and the trial court, namely, ① the driver E of the damaged vehicle stated that there was no pain at the time of the accident, and the damaged vehicle was not required to repair the damaged vehicle (in the 53th page of the investigation record), ② the image of the damaged vehicle and the damaged vehicle recorded in the black box at the time of the accident, it appears that the shock at the time of the accident was insignificant (No. 8-9, No. 14-15 of the investigation record), ② E stated that the reasons for finding the hospital after six days of the occurrence of the accident was that the hospital was unable to have a hospital due to a holiday, but on October 2, 197, which was in the annual leave.

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