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(영문) 대전지방법원 2017.01.12 2015노4064
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was aware of and driving a prior accident, the Defendant did not cause the victim to die as stated in the facts charged.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is a person engaged in driving of Imere truck truck trucks.

On October 28, 2014, the Defendant driven the above cargo vehicle at around 23:38, and continued two lanes at the entrance of the national highway 32, in Jin-si, Jin-si, Jin-si, which is located at the entrance of the national highway wing Village at the national highway at the time of Jin-si, along the two lanes in the direction of Jin-do, at about 75 km each hour between the two lanes in the direction of Flucheon.

At that time, the Defendant had a duty of care to safely operate the vehicle by reducing speed and accurately operating the steering direction and operating the steering system of the vehicle on the right side while changing the vehicle from the vehicle behind the vehicle driven by A to the two-lane. As such, the Defendant had a duty of care to safely operate the vehicle by reducing speed and accurately operating the steering direction and operating the operating system of the vehicle.

Nevertheless, the Defendant neglected this and found the victim H(53) (53) which was used in one lane due to negligence while driving the vehicle, and did not avoid this, but did not avoid it to the right side of the said cargo, and served the victim with the back wheels of the said cargo.

Ultimately, even if the Defendant died of an injured person due to serious brain damage in the same workplace due to such occupational negligence, the Defendant immediately stopped the injured person and escaped without taking necessary measures.

B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence in its judgment.

(c)

1) However, it is difficult to accept the judgment of the court below for the following reasons.

2) According to the evidence duly adopted and examined by the lower court and the first instance court, the following is determined.

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