(영문) 서울고등법원 2015.06.05 2015노570 | 리걸엔진

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(영문) 서울고등법원 2015.06.05 2015노570

특정범죄가중처벌등에관한법률위반(도주차량)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is reasonable to deem that the Defendant could have known that the Defendant could have suffered bodily injury due to the Defendant’s negligence, and that the Defendant had the intent to commit an escape.

Nevertheless, the lower court acquitted the Defendant of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (not guilty in the grounds) by misunderstanding or misunderstanding the facts.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant driving a Dsch Rexroth car around 12:06 on October 19, 2013 and driving a house on the backway; (b) the part of the Defendant’s passenger car with the left-hand fluor part of the victim G’s right plebrode (hereinafter “instant traffic accident”).

On the other hand, the victim suffered bodily injury, such as "scarbing scarbbling", which requires four weeks of treatment, and escaped without taking relief measures.

B. According to the evidence duly admitted and examined by the lower court, the fact that the Defendant was driving the said car at the time and place indicated in the facts charged and driving it at the left-hand fluor part of G’s “the right-hand fluor” can be acknowledged.

However, in full view of the following circumstances acknowledged by the evidence in the judgment, the Defendant did not recognize whether the G was shocked or whether the G was in need of rescue, etc. due to an injury. Therefore, even though the Defendant was aware of the occurrence of the instant traffic accident, it cannot be readily concluded that the Defendant left the scene of the accident without taking any relief measures, etc., even though he/she was aware

① On the day immediately before the occurrence of the instant traffic accident, the Defendant was driving in the direction opposite to the passenger vehicle driving direction of the Defendant at the cost of the instant traffic accident, leading to the driver’s seat next to the car driver.

Therefore, the defendant does not recognize that G is on the left side of the front bank.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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