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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.28 2016노3226
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") and the Act on the Aggravated Punishment, etc. of Road Traffic (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") did not recognize the traffic accident of this case because the defendant did not have the intention to escape, and the victim did not have

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the lower court and the lower court’s duly adopted and investigated evidence, the Defendant sufficiently recognized that the Defendant, as stated in the facts constituting the crime in the lower judgment, had the victim suffered bodily injury, and escaped without taking any measures to damage the victim’s ozone layer. (A) At the time the instant accident occurred, the Defendant entered the lower court’s three-lane distance front of the Friju station into the boundary line of the Gyeyang-gu Office of Education at the time of the occurrence of the instant accident at the time of the entry into the middle line of the Friju station to three-lanes, and entered the middle line of the Frijum distance, and immediately entered the second line as above (see, e.g., Supreme Court Decision 200Du1488, Apr. 2, 2006).

이러한 경우 운전자인 피고인으로서는 대로를 주행 중인 차량이 있는지를 주의 깊게 살펴야 할 의무가 있을 뿐만 아니라, 위 우회전 과정에서 피고인의 차량에 ‘쿵’하는 소리와 충격이 있었던 이상, 위 대로를 주행 중인 차량과 충돌하였을 가능성이 있음을 충분히...

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