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(영문) 청주지방법원 2017.07.20 2017노322
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant had a criminal intent to escape, since the instant accident occurred by his/her own negligence, or the victims did not know that he/she suffered bodily injury.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of eight million won) is too unreasonable.

2. Determination

A. In light of the aforementioned detailed circumstances as stated in its reasoning, the Defendant asserted the same purport in the lower court’s judgment as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, and the lower court, even though the Defendant, who was aware at least of the fact that the victims suffered injury due to the instant accident, left the scene of the accident as a criminal intent of the escape.

Considering that the defendant was guilty, the court found the defendant guilty.

In light of the evidence duly adopted and examined by the court below and the court below, the above determination and conclusion of the court below are justified, and there is no error of law by mistake of facts as alleged by the defendant.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

Defendant's vehicles are covered by comprehensive insurance.

The Defendant agreed with the victims of the instant case.

The defendant's negligence divided and reflected that the victims suffered an injury.

The defendant has no record of punishment for the same crime, and there is no record of punishment exceeding the fine.

There are family members in need of support for the accused.

Circumstances unfavorable to the defendant are as follows:

A defendant raises an objection to his trial.

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