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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.02.14 2019노4154
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding record submitted by the Defendant in mistake of facts and the time of using the physical card in the name of the Defendant, a third party, other than the Defendant, cannot be excluded from the possibility that he/she would drive the B B-B cargo vehicle at the time and place indicated in the facts charged.

Nevertheless, the court below found the defendant to have driven the above vehicle by taking the witness E and G statements which cannot be seen as having properly done the criminal identification procedure, and found the defendant guilty of the facts in violation of the rules of evidence.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Based on the facts and circumstances stated in its reasoning, the lower court determined that the Defendant, on the ground of the facts and circumstances stated in its reasoning, was able to recognize that: (a) the Defendant driven the instant vehicle from the taxi driveed by the victim E at the time and place of the facts charged; and (b) did not take measures such as aiding and abetting the cab driveed by the victim E, resulting in injury to E and G; and (c) escaped without taking measures such as aiding and abetting.

In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is no error of mistake of facts as alleged by the defendant.

(1) It is true that the witness E and G have designated the Defendant as a driver in a face-to-face situation with the Defendant without any other suspect similar to the appearance of the driver, and the investigative agency has not entered in advance the driver's appearance in detail, or has not gone through the process of making the replacement with the Defendant in detail.

However, in light of the following circumstances, the credibility of the above witness's statement can be sufficiently recognized.

A witness E and G who are a victim shall be a person who has actually observed the defendant at the time of the accident.

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