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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.11.28 2013노2831
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) At the time of the instant accident, the Defendant did not recognize the fact of the accident as being drinking.

(2) In light of the fact that the cost of repairing a victim’s vehicle is not high, those other than the victim, among three passengers on board the damaged vehicle, do not appeal for transit due to an accident, and the victim submitted a diagnosis, but the victim submitted the diagnosis, but thereafter did not interfere with daily life and did not provide any pain treatment, etc., the victim cannot be deemed to have suffered injury due to the instant accident.

B. The lower court’s sentence of unreasonable sentencing (fine 3.5 million won) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Whether the defendant did not recognize the fact of the accident (1) or not, the "the case where the driver of the accident runs away without taking measures as prescribed by Article 54 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" refers to the case where the driver of the accident, despite his knowledge of the fact that the victim was injured by the accident, leaving the scene of the accident before performing his duty as prescribed by Article 54 (1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which the identity of the person who caused the accident cannot be confirmed, and the degree of awareness of the fact that the victim was killed by the accident is not necessarily definite

(대법원 2001. 11. 30. 선고 2001도4996 판결 등 참조). (2) 원심 및 당심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 피해차량 운전자 D은 사거리에서 신호대기 중 갑자기 쿵하는 소리와 함께 피해차량이 밀리는 느낌이 왔다, 피고인 차량은 사고 후 신호를 무시하고 사거리를 지나던 중 잠시...

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