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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.09.26 2013노450
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the facts charged in this case, the lower court determined that it is difficult to view the facts charged in this case as escape because the Defendant received an accident from the insurance company immediately after the accident and left the site G while leaving the site to receive medical treatment. However, the Defendant did not seem to have been able to rescue the victim at the time of the accident, and there is no special relief measure taken by the dong passengers left the site, and there is no situation that it is impossible to identify the actual driver immediately after the accident due to the Defendant’s escape from the site, and therefore, it is reasonable to view that the Defendant escaped without any relief measure.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court: ① the Defendant requested the J’s staff member of the Liber company to accept the accident immediately after the instant traffic accident; ② the Defendant informed the driver of the damaged vehicle D of the fact that he received the accident after receiving the accident; ② the Defendant informed the driver of the damaged vehicle D of the fact that he received the accident; ③ the degree of the damaged vehicle, etc. of the accident caused the accident (Evidence No. 16) and ③ the degree of the damaged vehicle, etc., it appears that the shock caused by the accident appears to have been considerable (Evidence No. 6). As alleged by the Defendant on the ground of leaving the scene, the Defendant was hospitalized at the hospital for about 22 days (No. 25-26 of the trial record), ④ the Defendant’s body was immediately after the accident, and the Defendant was given an emergency treatment, and the details and the Defendant’s statement to the hospital remaining at the scene after receiving the accident.

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