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(영문) 청주지방법원 2014.09.11 2014노595
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not have any intention to flee because he did not know at all the occurrence of a traffic accident, the judgment of the court below which found him guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. In the lower court’s argument of mistake of facts, the Defendant alleged the same content in the judgment of the lower court, and the lower court held that “the front driver of the damaged vehicle was broken due to the instant accident” (the third party of the original judgment). In view of the photographs of the damaged part of the 13th page of the evidence record, it can be known that the front driver was broken prior to the accident, and thus, the lower court erred in this part.

In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, in light of the shock, size, and degree of damage, etc. of the impulses, such as impulses, flaps, and flaps, it is difficult to believe that the defendant was unable to recognize the collision itself at the time of the occurrence of the instant accident, and ② the defendant continued to stop immediately after the occurrence of the instant accident, and the victim was flaged without immediately stopping, and the victim was flaging the light, while the defendant continued to stop without stopping, despite the fact that the defendant continued to stop, and ③ the defendant was in an abnormal progress without turning on the direction direction, and ③ the defendant was a sudden progress without stopping, it is reasonable to deem that the defendant escaped without immediately stopping and taking measures, such as aiding the victim, even though he was aware at least of the occurrence of the instant accident and the damage caused thereby.

Therefore, we cannot accept this part of the defendant's assertion.

B. The victim's decision on the argument of unfair sentencing is made.

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