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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2013.07.17 2013노606
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there exists a mistake of facts and misapprehension of legal principles as stated in the facts charged, the Defendant has caused a traffic accident, such as ① the accident at the time is minor, and the Defendant left the scene because the Defendant was unable to properly recognize the occurrence of the accident due to his interesting circumstances, and there is no intention to flee. ② In light of the damaged part and degree of each vehicle, it is difficult to deem that the victim suffered necessary injury due to the accident in this case, even though it is difficult to deem that the victim suffered injury due to the accident in this case, the lower court which found the facts charged

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles is examined as follows: ① The victim, at the police, tried to park a vehicle at the parking lot, other than the apartment house, and parked the vehicle at the seat of the defendant, in order to prevent the vehicle of the defendant from having observed the above accident and to take a photograph of the vehicle at the seat of 1 to 2 meters, and the defendant, who is a woman, made a statement to the purport that she would go away from the scene; ② the victim's vehicle after the accident occurred, was unable to leave the scene; ② the victim's vehicle at the seat of the vehicle at the scene after the accident, left the scene after leaving the scene; ③ the victim's vehicle at the seat of the victim; ③ the defendant parked the vehicle at the parking lot of the other consent than the apartment after the accident; ③ the defendant tried to stop the vehicle of the defendant at the front parking lot of G police where the defendant witness the accident and followed the defendant's vehicle at the seat of the vehicle.

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