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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2017.01.26 2016노1236
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) was able to see the vehicle coming from the opposite side of the accident at the time of the instant accident; (b) was unable to recognize that he had received the victim with the Defendant’s vehicle.

B. In the event of the instant accident, the victim was diagnosed by approximately two weeks of misunderstanding the legal doctrine on the right slocks and the left slocks requiring treatment, but this is naturally recoverable and the victim was not in need of measures such as rescue at the time of the instant accident, and there was no intention to escape from the site without taking relief measures against the victim.

(c)

Sentencing unfair sentence of the court below (two years of suspended sentence of June and 120 hours of community service) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, and in particular CCTV video CDs, the following facts are as follows: (i) the defendant was paid the victim's right kne part in front of the road while driving the defendant's vehicle at the time and place specified in the facts charged; (ii) the vehicle was in front of the right kne part of the vehicle; (iii) there was no obstacle to obstruct the passage between the defendant and the victim; (iv) G was on board the defendant's vehicle; (iii) the body faced by the defendant's vehicle was cut down to the unit of the defendant's vehicle; (iv) the victim and the driving of the vehicle was set up in order to stop the defendant's vehicle; but the defendant's vehicle can be recognized as having left the scene as it is; and (v) the situation of the accident recognized by the above facts charged; and (v) the victim and the victim after the accident occurred; and (v) the victim's attitude after the accident.

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