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(영문) 청주지방법원 2015.12.11 2015노610
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the judgment of the court below

A. The summary of the grounds for appeal (i.e., mistake of facts) was received by the insurance company immediately after the instant accident, the towing vehicle and ambulances arrive at the scene of the accident, and the victims confirmed the process of sending the towing vehicle to the hospital, and identified them as the perpetrator. However, the Defendant did not violate the duty to take protective measures, such as the instant charges, and did not escape from the scene.

Nevertheless, the judgment of the court below which found the above facts guilty is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

The sentence of unreasonable sentencing (five million won of fine) is too unreasonable.

B. The judgment of the court below also asserted the same as the grounds for appeal of mistake of facts, but the court below rejected the defendant's assertion and found the defendant guilty on the charges of this case, by taking into account the following circumstances acknowledged by the evidence duly adopted and investigated: "It is reasonable to deem that the defendant, at the time of the accident, left the scene of the accident of this case without complying with the need to take measures to rescue the victims or to prevent and eliminate traffic hazards and obstacles, and to ensure safe and smooth traffic flow."

① At the time of the instant accident, there were three damaged vehicles, and the degree of the accident was considerably significant to the extent that all the drivers and passengers, etc. were to move to the hospital immediately after the instant accident occurred due to the injury.

② 이 사건 사고 직후 피고인은 어딘가에 전화하는 듯한 태도로 주변을 맴돌았을 뿐, 피해자들과 제대로 대면하여 피해자들의 상해 부위나 정도, 차량의 손괴 정도 등을 직접 확인하려는 노력조차 기울이지 아니하였다.

(3) Defendants shall be insurance companies.

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