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(영문) 수원지방법원 2018.08.31 2018노2770
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined otherwise on the following grounds: (a) misunderstanding of the facts and legal doctrine; (b) whether the Defendant asked the victim E to make a police report at the time of the instant case; (c) whether the Defendant cut off the phone from the insurance company affiliated with the insurance company; (d) whether the Defendant informed the police officer of his personal information; or (e) whether the Defendant escaped from the scene before the arrival at the site.

In addition, the Defendant informed the police officer of his personal information at the time of the instant case, and through the statement between the victims and the J, the Defendant was a driver of the accident or could have become final and conclusive.

Therefore, the defendant was accompanied by a police officer.

Even if the police officer's speech was rejected despite the police officer's speech to return to the scene of the accident, or the police officer was present at the police station on the following day, the police officer's call on the day of the accident cannot be viewed as "state" as referred to in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and misunderstanding the legal principles, which affected the conclusion

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. "When a driver of an accident runs away without taking measures under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding a damaged person, etc." under the provisions of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where a driver of an accident does not take measures and does not take measures under the provisions of Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and thus, brings about a situation in which the identity of the person who caused the accident cannot be confirmed because he/she left the accident site without taking measures, although he/she knows that

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