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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2012.11.15 2012노1629
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant’s vehicle is covered by a comprehensive insurance, and there is no reason for the Defendant to flee after the accident. At night, the Defendant is at night and the Defendant was under drinking, and it is merely merely driving without recognizing the fact of the instant accident, and cannot be deemed that the Defendant escaped.

In addition, the injury suffered by the victim is an extremely minor injury that can be naturally cured without any need for treatment, and it cannot be deemed that it constitutes the concept of injury as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes.

Nevertheless, the lower court erred by misapprehending the legal principles that recognized all of the facts charged in the instant case as guilty.

2. First of all, we examine the argument that the defendant could not be deemed to have escaped since he did not know the fact of the accident. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below, namely, ① the victim driver's vehicle, who was in a direct progress at the left turn in violation of the signal, was stopped with the wheels of the victim driver's vehicle due to the shock that the defendant was faced with the left turn, ② the degree of damage to the damaged vehicle due to the accident in this case is relatively large, and the repair cost is at least 2 million won. ③ The defendant driver's vehicle went far away from the shock of the accident in this case (Evidence No. 37 page of the evidence record). ④ The victim clearly stated that the defendant stopped immediately after the accident in this case, but proceeded without leaving the vehicle (the trial record No. 46 pages), and the victim did not take necessary measures, such as aiding the victim even though the defendant knew the fact at the time.

Next, as to the assertion that the victim cannot be deemed to have suffered injury, the victim is the victim according to the above evidence.

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