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(영문) 대구지방법원 2013.05.23 2013노247
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim of a mistake of mistake or misunderstanding of legal principles is facing a defendant's vehicle who was in a state of stopping without viewing the front, and there is no negligence on duty on the part of the defendant.

After the accident, the victim was not present at any time, and the defendant was able to hear the statement that he is fine from the punishment of the victim and left the scene, so there was no intention to commit the escape.

In the judgment of the court below which found the defendant guilty of the facts charged of this case, the court below erred by misapprehending the legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. The statement of E, submitted on December 7, 2012 by the Defendant, stating that “The injured party saw that the injured party satise and satise at the left part, and the motor vehicle was coming up on the left part. The injured party satise by reporting the injured party satise and the motor vehicle stopped, and the victim satise and the motor vehicle satisfs at the other side.”

그러나 원심이 적법하게 채택하여 조사한 증거에 의하면, E는 2012. 7. 29. 경찰조사에서,"피해자가 뛰어가다가 E를 돌아본 후 다시 뛰어가려던 중 피고인 차량 앞 범퍼 부분에 부딪치면서 보닛 위 차량 마크 부분에 눈 부위를 부딪친 후 뒤로 뒹굴면서 도로에 넘어졌다.

Although the vehicle can not be seen as coming, it is judged that the front side of the front side of the vehicle before the victim faces facing the vehicle.

Since the victim goes beyond the victim, E caused the victim and then asked E to see whether he is 'E' or not, and asked E to see that the victim is fine for frighting.

At the time, there was a wound around the victim's snow, and the defendant asked the victim or E to contact with him/her and notify him/her of his/her contact address.

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