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(영문) 서울북부지방법원 2017.09.21 2016노2560
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

misunderstanding the facts of the Defendant and misunderstanding of the legal principles on the grounds of appeal, following the occurrence of the instant traffic accident, the Defendant reported to the insurance company in accordance with the manual set by the company, and attempted to call with the person in charge of the vehicle of the company, and walked at the location of the instant accident. Since the distance was 179 meters away from the location of the instant accident, there was an intention to flee from the Defendant.

It shall not be readily concluded.

In addition, the defendant confirmed that the victims were not in need of emergency relief after the accident occurred, and reported to the insurance company. Therefore, the defendant failed to take all measures at the time of the occurrence of the traffic accident.

shall not be deemed to exist.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged in this case on a different premise is erroneous and adversely affecting the conclusion of the judgment.

The sentencing of the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

The above sentencing of the court below by the public prosecutor is too unfortunate and unfair.

Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person,” with respect to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal principles as to the grounds for appeal, means a case where the driver of an accident does not immediately stop the accident and rescue the injured person without taking measures under Article 54(1) of the Road Traffic Act, and brings about a situation in which it is impossible to determine who caused the accident by leaving the scene of the accident without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though the driver of the accident knows that the injured person was killed or injured, and leaves the scene of the accident prior to performing the duty under Article 54(1) of the Road Traffic Act such as aiding

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