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(영문) 울산지방법원 2016.05.20 2016노159
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles 1) Although the accident in the instant case only started with a cover cover of a vehicle and a damaged vehicle, and it cannot be found that glass view, etc., the lower court convicted the Defendant of violating the Road Traffic Act by using the photographs scattered on the road, such as glass wave, etc., and the lower court erred by misapprehending the facts.

2) The Defendant left the parking lot at the time of the instant accident. As such, the Defendant had no intention to abscond, and there was no need to rescue the victim in light of the degree of injury suffered by the victim, etc.

Nevertheless, the court below found the defendant guilty on this part of the facts charged, and the court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. 1) As to the crime of violation of the Road Traffic Act (unclaimed measures after accidents), the defendant was destroyed by the direction to the right side of the front part of the vehicle due to the instant accident at an investigative agency, and the opening, etc.

In light of the statement (the 39th page of the investigation record), the photograph (the 15,16th page of the investigation record) of the sea-going vehicle pointing out by the defense counsel of the defendant is merely a photograph of the already accepted vehicle, and according to the photograph (the 10,11th page of the investigation record) attached to the actual survey document (the 10,11th page of the investigation record) attached to the investigation report immediately after the accident in this case, it can be sufficiently recognized that the above accident in question fell away in favor of others at

2) Therefore, the court below is just in finding a guilty of this part of the facts charged, and there is a violation of law by mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's assertion cannot be accepted.

B. 1) Necessity of relief measures against the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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