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(영문) 의정부지방법원 2020.09.10 2019노1953
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the judgment of the court below, the victims were identified by the fact that the defendant was "the head of a volunteer fire brigade" after the accident, and the defendant asked the victims to transfer the victims to the hospital and left the scene at a temporarily time. Thus, the defendant cannot be viewed as leaving the scene due to the scope of escape. 2) The victims suffered extremely minor situations due to the accident of this case, and thus, it cannot be evaluated as an injury to the extent that it is necessary to take relief measures under Article 54 (1) of the Road Traffic Act.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and two years of suspended execution, 40 hours of law-abiding driving lecture, and 80 hours of community service order) is too unreasonable.

2. Determination

A. 1) The summary of this part of the facts charged is a person who is engaged in driving a car B at the National Treasury. Around October 19:10, 2018, the Defendant driven the said car and led the Defendant to drive a car at the front of the Djust station in Gyeonggi-gun Group C, with a view to a whiteout from the face of aptitude. In such a case, a person engaged in driving a motor vehicle had a duty of care to care in advance to live well before the front bank and safely drive the motor vehicle so as to prevent an accident by safely driving the motor vehicle. Nevertheless, the Defendant was negligent in driving the motor vehicle while driving the motor vehicle while driving the motor vehicle under the influence of alcohol while driving the motor vehicle, while driving the motor vehicle at the center due to the negligence of the central line, was able to receive from the part adjacent to the driver’s mother of the motor vehicle. Ultimately, the Defendant was 5 years old and injured by the said occupational negligence on the part of the victim E (the 31-year driver’s license).

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