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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.06.23 2016노3398
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have received the victim with the Defendant’s vehicle.

However, the judgment of the court below that found the Defendant guilty of the facts charged in this case on a different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, the fact that the Defendant escaped without taking necessary measures despite the shocking of the damaged person by the Defendant’s vehicle as stated in the lower judgment, can be sufficiently recognized.

Therefore, the court below's finding the Defendant guilty of the facts charged of this case is just and there is an error of law by misunderstanding facts and affecting the judgment.

Therefore, the defendant's assertion of mistake is without merit.

1) The victim consistently states from an investigative agency to the court of the court below that the victim was faced with the Defendant vehicle.

2) The witness E in the accident showed that in the court of the court below, the defendant directly saw the victim as a vehicle in the form of a vehicle, and the victim was faced with the vehicle at the time of the accident.

In addition, the witness F of another accident also appeared to be a sound that the words in the vicinity of the point where the accident occurred.

testimony is made.

Unlike the facts, the witness makes a statement that is specially unfavorable to the defendant.

There is no particular objective circumstance to see, but rather, a thorough examination of the specific contents of their statements, and the following is not only specific and consistent, but also the contents of their statements are relatively consistent, and thus, the credibility of their statements is considerably high.

I seem to appear.

3) The instant accident.

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