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(영문) 수원지방법원 2019.10.18 2019노3772
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) stated that the Defendant went to a hospital to receive medical treatment without recognizing that the victims suffered bodily injury due to the instant accident, and instead of the Defendant, the Defendant took necessary measures, such as aiding the victims, and provided the police officers dispatched with personal information.

Therefore, the defendant could not have escaped after the occurrence of the accident of this case, and the defendant did not have the intention to commit the crime of escape.

2. The judgment of the court below that can be recognized by comprehensively taking account of the evidence duly adopted and investigated by the court below, i.e., ① the Defendant was driven by the victim D while driving a cargo vehicle on May 27, 2018, which was affected by the median line and going on the opposite lane, ② the damaged vehicle caused by the instant accident was considerably damaged to the extent of repairing costs of KRW 6,290,818, and immediately after the instant accident occurred, the victims were seated on the side of the scene of the accident at the scene of the accident. After the instant accident, the victims first suffered a serious injury requiring approximately 6 weeks medical treatment and some victims were faced. However, the victims did not check the victims' situation at all, and rather, the Defendant's movement did not report the victim's movement as soon as possible, ③ the victim reported to the victim's emergency medical service worker on May 129, 2018 and reported the victim's movement to the victim on May 13, 2018.

“The victims” are not for the victims, and ④ the Defendant was in a state of paralysis 200 on the day of the accident, and the Defendant was in an emergency room for the L Hospital by leaving the scene of the accident on a passenger car driven by the Defendant before the first responder or the police officer is called out.

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