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(영문) 광주지방법원 2018.11.15 2018노1703
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not recognize that the victims suffered bodily injury at the time of the instant accident.

B) The defendant had no intention to flee.

2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and forty hours of lecture of compliance driving) is too unreasonable.

B. According to the evidence of the court below, the prosecutor 1 found the defendant not guilty of this part of the facts charged even though the defendant's accident of this case caused danger and impediment to traffic, and the defendant had escaped without taking necessary measures, and there is an error of law by misunderstanding the facts.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. According to the evidence duly adopted and examined by the court below, such as the victim D's investigative agency and the statement at the court of the court below as to the victim's awareness of injury, the defendant was aware that at least the victims suffered injury due to a traffic accident caused by dolusium at the time of the instant case.

Since this part of the defendant's assertion is accepted, it is not accepted.

B. The following circumstances acknowledged based on the above evidence with respect to the intention to escape, ① the Defendant did not provide the victim D with the license only scarcity and contact information after the accident in this case, ② the victim D proposed the Defendant to move the vehicle to the right side to the right side for dealing with the accident, ③ the victim D moved the vehicle to the right side, and thereafter, the Defendant also consented thereto; ③ even if the victim D parked on the right side less than about 20 meters away from the accident site, the Defendant left his house, and ④ the Defendant went to the right side at the police station even after the arrival of the house.

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