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(영문) 서울중앙지방법원 2020.06.26 2020노562
자동차관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), the assertion of mistake and misapprehension of legal principles were withdrawn.

It is difficult to view that a mistake of facts against the victims and misapprehension of the legal principles constituted injury as referred to in the Act on the Aggravated Punishment, etc. of Specific Crimes, and there is room to deem that the Defendant was unaware of the existence of a passenger on board the damaged vehicle, and that the Defendant was unaware of the fact that there was an extremely minor shock, such as the instant accident, but there is room to deem that the Defendant did not recognize the fact that the personal injury, such as the injury, was caused. However, the lower court erred by misapprehending

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Examining the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of misunderstanding of facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury inflicted on the victim) and the misapprehension of legal doctrine, the lower court’s determination is acceptable, on the ground that the Defendant did not take measures such as aiding and abetting the victims due to the instant accident, but sufficiently admitted the fact that the victims escaped without taking measures,

Therefore, there is no reason to believe that the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is erroneous.

① According to the black image, the image of the damaged vehicle caused by the instant accident and the sound generated in the course of the collision of vehicles is verified.

On the other hand, the damaged vehicle was damaged to require the repair of the back of the accident of this case.

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