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(영문) 수원지방법원 2017.03.24 2016노8976
도로교통법위반(사고후미조치)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. On July 17, 2016, the Defendant, at around 22:00 on July 17, 2016, 1) misjudgmented the fact (as to the portion of the crime, the Defendant did not take any measure against the Defendant, even though the victim’s passenger car was damaged by KRW 1,982,700 for repair costs, and the Defendant did not request the police to report the occurrence of the accident to the witness in the vicinity after recognizing the occurrence of the accident, and actually, the Defendant 10 to 150 meters away, such as the vehicle driven by the Defendant.

In light of the above, the defendant did not immediately stop the accident of this case and take necessary measures, and the crime of violation of the Road Traffic Act (after the accident) is established on the grounds that there was a concern over causing another traffic danger and impediment as a consequence of driving away of the defendant who escaped by the witness. However, the judgment of the court below acquitted the defendant of this part, which affected the conclusion of the judgment by misunderstanding the fact.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the prosecutor, found that it was necessary for the Defendant to take measures to ensure smooth traffic by removing traffic risks and obstacles at the time of leaving the scene of the accident, or that there was a risk of causing traffic hazards or obstacles, in light of the location, details, degree of damage of the damaged vehicle, and circumstances after the accident.

On the ground that it is difficult to see this part of the facts charged, the lower court acquitted.

In light of the records, the judgment of the court below is justified and there is a ground for appeal.

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