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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.06.23 2016노8304
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal

A. The Defendant alleged misunderstanding of the facts or misapprehension of the legal doctrine merely left the scene of the instant accident while under the influence of alcohol without recognizing the instant traffic accident, and the degree of the victim’s injury did not reach the degree that can be assessed as an injury under the Criminal Act. Therefore, the instant facts charged do not constitute the instant crime.

Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence sentenced by the court below (2 years of suspended execution in August, 200 and 40 hours of lecture for compliance driving) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principle as to the assertion of mistake of facts or misapprehension of the legal principle is based on the evidence duly adopted and investigated at the court below, i.e., the defendant left the scene of the accident without recognizing the traffic accident of this case, and thus, the defendant did not have a criminal intent to commit an escape. However, in light of the fact that the investigation agency recognized all the facts charged of this case to the court below, and the victim D, after the traffic accident of this case occurred at the police, stated that the defendant, who was scambling with the face of the accident, left the scene of the accident of this case, left the scene of the accident of this case, as stated in the judgment of the court below, after recognizing the occurrence of the traffic accident of this case as stated in the judgment of the court below, he can sufficiently be recognized that the defendant escaped from

2) Next, in order to establish a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "an injury") as to whether the victim D’s injury constitutes an injury under the Criminal Act, the result of thought should arise, and the victim’s simple danger to life and body, or injury as provided in Article 257(1) of the Criminal Act.

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