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(영문) 광주지방법원 2017.01.11 2016노1695
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) of the instant accident, thereby causing injury to the extent that the victim can be assessed as an injury under Article 257(1) of the Criminal Act

In light of the circumstances and contents of the instant accident, there was no need to take measures as stipulated in Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured party. At the time of the instant accident, the Defendant had no intention to escape.

2. Determination

A. The Defendant argued to the same effect in the lower court.

The lower court did not accept the Defendant’s assertion on the grounds of the circumstances indicated in its reasoning.

B. In light of the following circumstances revealed by the evidence duly admitted and examined by the court below and the court below in light of the circumstances alleged by the court below, the court below’s finding of facts and determination are justified.

Therefore, the defendant's assertion is without merit.

① At the time of the instant accident in the court of the lower court, the victim saw the instant accident beyond one meter on the part of the Defendant’s vehicle, while playing the seat of the Plaintiff.

(2) The Defendant: (a) boarded the vehicle immediately after the instant accident, and returned to the cab while parking the vehicle on the road located 30 meters prior to the point of the accident (Evidence No. 44 pages of the evidence record). During the process, the Defendant did not ask the victim whether the victim was at any place.

③ The victim, immediately after the instant accident, was sent to the M hospital from a witness J on board and was under medical treatment in the emergency room.

④ In addition, the victim was hospitalized in the hospital on the day of the instant accident, and received physical treatment for seven days each day during which the victim received a prescription, and was given a prescription for the first three days.

(a) .

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