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(영문) 서울북부지방법원 2017.03.31 2016노1551
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), the Defendant, without recognizing that he/she had a person shocked with his/her driver, was off the scene.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of this part of the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted after examining the evidence duly admitted as to the assertion of mistake of facts, the following facts can be revealed.

Although the accident in this case was worked at night, it was relatively clear that many street lights, including signal lights, were turned on.

In addition, in the accident site, heavy equipment for road packing construction was in operation, and safety personnel for road packing construction such as victims were also in control of surrounding vehicles by breaking light light with light clothes.

The victim discovered that the Defendant’s driver’s vehicle was invaded by the center line and driven along the center line, sent a hand signal to stop the vehicle with light wings. At the time of shock, the front part of the Defendant’s vehicle was also unloaded with light wings.

On the other hand, in full view of the circumstances revealed in the record, the defendant discovered a police vehicle in the face of the signal signal immediately after the accident and found that the second accident occurred while escaping, and other circumstances revealed in the record, the defendant can sufficiently recognize the fact of leaving the scene of the accident without any relief measures, even though he/she recognizes the fact that the defendant caused the shock of people.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

The conditions of sentencing as shown in the records and changes of the case and the reasons for sentencing of the judgment of the court below.

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