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(영문) 광주지방법원 2020.09.03 2019노2381
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) from among the facts charged in the instant case and the violation of the Road Traffic Act (Non-accident after the accident), the Defendant did not have any intention to flee. 2) The sentence of the lower court (fine 15 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The judgment of the court below 1) acknowledged the fact that the defendant did not notify the victims of the matters provided for in Article 54 (1) 2 of the Road Traffic Act, such as his name, telephone number, address, etc., any chain of solicitation, although the defendant could not know, he used the victim G mobile phone even when he calls to the person in charge of dealing with the accident of the taxi company, and left the scene of the accident before all the victims move to the hospital or the victims leave the scene of the accident. According to the above facts of recognition, the court below determined that the police officer sent the vehicle under the defendant's name to the scene of the accident could not be seen as having "domination intention" even if the defendant could have known the vehicle number after leaving the scene of the accident. 2) In light of the statement of the victim G, etc. of the judgment of the court below, the judgment of the court below is justified and it cannot be said that there was any error of law as alleged by the defendant.

This part of the defendant's assertion is not accepted.

B. We examine both parties’ assertion of unfair sentencing as to the assertion of unfair sentencing.

Although the defendant is a public official who should have a high-level compliance consciousness, the occurrence of a traffic accident through the reduction of drinking driving, and the detection of the fact of drinking driving is possible, and there is a history of criminal punishment due to drinking driving.

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