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(영문) 서울북부지방법원 2020.10.16 2020노598
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

but for three years from the date this judgment becomes final.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution, two years of community service, 300 hours) is too unreasonable.

The lower court rendered a not guilty verdict on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “the charge”), among the facts charged in this case, of the instant charges, even though the fact that the victim J was injured and was in need of relief was sufficiently recognized due to traffic accidents caused by mistake of facts by the Defendant, was erroneous and adversely affecting the conclusion of the judgment.

The sentence imposed by the court below of unfair sentencing is too uneasible and unfair.

The summary of this part of the facts charged in this part of the judgment of the public prosecutor's argument of mistake of facts is as follows: "the defendant shocked the part of the front part of the vehicle in front of B WW 520D car which the defendant drives by negligence, such as the time and place indicated in the facts charged in the judgment of the court below, and due to its shock, the above taxi stops in the front part of BW 520D car which the above taxi stops at the front part of the vehicle in front of the above taxi. The defendant left the front part of BW 520D car, after which the above W 520D car stops at the front part of the above taxi. The defendant left the front part of BW 320D car in front of the above 20D car in order to make the right-hand side of the front part of the vehicle in front of the judgment of the court below, and caused the victim to escape from the front part of the above 20D car without taking necessary measures, such as treatment of the victim by negligence."

The lower court determined that the victim stated on the day of the instant accident that “the victim is not aware of whether he or she has a body or not due to this accident.”

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