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(영문) 인천지방법원 2014.11.26 2014노2813
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not take identification measures and did not need additional relief measures and was at the scene of the J in a dominant relationship with the Defendant, and thus, the Defendant did not escape and had no intention to commit the crime of escape.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

① The Defendant, while driving in a three-lane at the instant accident site, was placed at the right side of a passenger vehicle parked in a two-lane, and received a bus stopping in a four-lane due to the shock.

② A driver of a damaged passenger vehicle E in the instant accident has suffered injuries, such as a lav, lue knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne

③ immediately after the instant accident, the Defendant did not take any particular measure except to go against E after getting off the vehicle.

④ After ten minutes of the accident of this case, the Defendant and E were exchanged with the Defendant’s license on his proposal as well as on his proposal.

(5) The defendant who is to arrive at the police station and 119 emergency squad upon the report of E shall leave the scene of the accident without notifying E, I, and bus drivers G and shall get off the taxi.

(2) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is established when the victim suffers from an accident and suffers from an accident site before the driver performs his/her duty to rescue the victim, etc. even though he/she is aware of it, and where it is not recognized that it was necessary to take measures such as aiding the victim, it is unnecessary to take relief measures on the part of the victim.

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