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(영문) 수원지방법원 2014.02.19 2013노1807
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the victim left the scene after the accident of this case after the accident of this case, there is no intention to commit an escape, and even though the degree of the accident and injury of this case does not constitute a case requiring relief, the court below erred by misapprehending the facts that found the defendant to have committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by each evidence duly adopted and examined by the court below and the court below's decision on the defendant's assertion of mistake of facts: ① conflict with the victim's vehicle in front of Mat, due to the shock, the victim's head faced with the victim's vehicle. ② immediately after the accident, the victim requested insurance management related to the accident by using male-gu telephone conversations with the victim, but the defendant took the attitude towards the defendant. ③ When the victim was requested to move the vehicle from another person after entering the parking lot at the time when the victim was installed, the victim called the defendant to the effect that "the victim is going to leave the vehicle near the other person," and the victim moved the vehicle to the effect that "the victim was forced to leave the vehicle near the Mat," ④ The victim did not have a telephone conversation, and the victim did not have a contact with the victim at the time when the victim made the above speech, ⑤ The victim did not have any contact with the victim again at the time of the accident to the extent that the victim had no contact with the victim at the time of the accident.

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