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(영문) 수원지방법원 2017.08.11 2017노982
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances surrounding the instant accident and the degree of damage, the Defendant left the site without recognizing the shock between the Defendant’s vehicle and the damaged vehicle at the time of the instant accident.

In addition, the injury suffered by the victims does not interfere with their daily life even without being treated, and it cannot be said that the injury constitutes "injury" under the Criminal Act because it is limited to the degree of natural recovery.

Nevertheless, the court below convicted the charged facts of this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The sentence (five million won in penalty) imposed by the prosecutor by the court below is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to whether the Defendant was aware of the instant traffic accident, the lower court had the intent to commit an escape to the Defendant.

The judgment that found the Defendant guilty of the facts charged of this case is just and there is no error of law as alleged by the Defendant.

① The victim C who driven the damaged vehicle at the time of the instant accident was expressed in the police station that “Around two times before the instant accident occurred, it was obvious that the collision with the Defendant’s vehicle was made in the process of changing the vehicle.

Afterwards, the driver's length of the damaged vehicle is driving into three lanes, which are straight lines in the direction of the steel basin, and the driver's length of the damaged vehicle has not left the left at the two-lane where the defendant's vehicle can turn to the left, and the latter part of the driver's length of the damaged vehicle was shocked into the front part of the defendant's vehicle.

The accident took place, but the Defendant’s vehicle was driving away from the Defendant’s vehicle in the future, and walked the light, and Defendant’s vehicle stopped four lanes as it gets out of emergency, etc.

c) damaged vehicles;

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