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(영문) 광주지방법원 2016.05.25 2015노2801
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant had committed certain measures, such as checking the victim’s status when the instant accident occurred, the Defendant had a criminal intent to escape.

subsection (b) of this section.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, that is, ① the victim was a child of 8 years of age at the time of the accident, ② the bicycle and the motor vehicle driven by the defendant at the time of the accident in this case, and the victim was faced with the automobile driven by the victim, which led to the occurrence of snow on the right side of the road, ③ the defendant's speech that the victim would go beyond the road to the right side (which means the 11th page of the evidence record), ③ the defendant did not actually go to the hospital, but the defendant did not go to the hospital, ④ the defendant did not confirm the victim's address or contact address and did not go against his contact address without taking any measure, and the defendant could not easily find the person causing the accident leaving the match, and there was a criminal escape committed by the defendant who was aware of all such circumstances.

As such, the defendant's above assertion is without merit.

B. A favorable circumstance is that the Defendant generally recognizes and reflects his or her mistake, the Defendant did not have any previous record, the Defendant agreed with the victim, and the degree of injury suffered by the victim is not much serious.

On the other hand, the court below seems to have determined punishment in consideration of such favorable circumstances, and there are no circumstances or changes in circumstances that may be considered newly in sentencing after the decision of the court below.

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