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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2013.04.19 2012노3959
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) from among the facts charged in the case of mistake of facts: The fact of the instant accident is recognized, but ① there was no violation of the signal at the time of the accident, and ② no awareness

3. In addition, the injury of the victim is not an injury to the extent that it may interfere with daily life.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in August, and eight hours of community service order) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly adopted and investigated by the trial court, the Defendant suffered injury to the victim by negligence in violation of the signal, and the fact that the Defendant escaped as it is, can be sufficiently recognized.

① 피해자의 진술에 의하면, 이 사건 사고 당시 ‘퍽’하는 소리가 크게 났고, 피해자 차량 조수석에 놓인 가방이 앞으로 쏟아질 정도로 충격이 컸음에도 불구하고 피고인 차량은 잠시 멈칫하더니 곧 피해자 차량을 앞질러 비보호 좌회전 장소에서 좌회전을 하여 아파트 단지 내로 들어갔고, 이에 피해자가 경적을 울리며 피고인 차량을 추격하다

Before the apartment complex shuts down, the victim’s statement about the circumstances of the accident, which may be delayed due to CCTV shooting containing a form of harming the Defendant’s vehicle (Evidence Nos. 34 through 38 of the record of the trial record), damage level of the Defendant’s vehicle (Evidence No. 47 through 51 of the record), damage level of the victim’s vehicle (Evidence No. 81 and 82 of the record of the record of the trial record), can be reliable.

In addition, the defendant also recognized a violation of signal in an investigative agency.

(2) The victim shall be hospitalized for 10 days due to the instant accident.

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