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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2016.04.28 2016노119
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant misunderstanding the fact caused the instant traffic accident, there was no injury to the victim due to the instant traffic accident, and there was no fact that the Defendant, while failing to take relief measures against the victim, left the scene of the accident with intent to escape. However, the lower court erred by misapprehending the fact, thereby finding the Defendant guilty even of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (EF) among the facts charged in the instant case.

B. The sentence of the lower court (6 months of imprisonment, 1 year of suspended execution) is too unreasonable even if all of the facts charged in this case are found guilty.

2. Determination

A. As to the assertion of misunderstanding of facts, first, in light of each statement in the health room, the scene of the accident and the vehicle photograph of the accident vehicle (the evidence record No. 54 pages), the written estimate for maintenance (the evidence record No. 60 pages), the medical certificate (the evidence record No. 59 pages), E investigation agency, and the court of the court below as to whether the victim E suffered injuries due to the traffic accident in this case, it can be sufficiently recognized that the victim E suffered injuries from approximately 2 weeks of the cryp, which require medical treatment at the time of the traffic accident in this case, and the fact that the victim E suffered injuries, and received hospitalization and pain treatment. Thus, this part of the defendant's assertion of misunderstanding of facts is without merit.

She next, I examine whether the defendant has escaped from the scene of the accident without taking any relief measures, and having the criminal intent of escape.

"Cases where a victim of an accident runs away without taking measures pursuant to Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim," as prescribed by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act"), means the duty of Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, even though the driver of the accident knows that the victim was killed due to the accident.

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