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(영문) 부산고등법원 2018.03.22 2017노547
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted Defendant 1 of this part of the facts charged, although the Defendant did not recognize the occurrence of the accident at the time of the instant traffic accident, was erroneous in the misunderstanding of facts or in the misunderstanding of legal principles.

2) The punishment sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

B. Prosecutor 1) In full view of the degree of shock caused by the instant traffic accident, the medical treatment the victims received at the hospital, etc., the judgment of the court below which acquitted the victims of this part of the facts charged, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts.

2) The sentence sentenced by the lower court to the Defendant is too uncomfortable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. As to the Defendant’s assertion, the Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion in detail, with detailed explanation of its decision.

In light of the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the defendant did not take measures under the Road Traffic Act even though he knew of the traffic accident in this case, so the defendant's mistake or misapprehension of the legal principle is without merit.

B. On the prosecutor’s assertion, the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, the instant traffic accident: (i) the Defendant’s vehicle did not conflict with the victim’s vehicle on the designated side, but did not follow the victim’s vehicle in the course of driving in the same direction; and (ii) the driving speed of the two vehicles is also the speed.

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