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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2020.11.25 2020노115
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the injury caused by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) for the victims are merely issued only by the possibility of medical treatment, depending on the subjective appeal of the victims. If the victims' statement in the court below was presented that there was no need to receive medical treatment relatively minor, it is difficult to deem that the victims suffered injury due to the accident in this case, even though it is difficult to deem that the victims suffered injury due to the accident in this case, the court below convicted the victims of this part of the facts charged on a different

B. Unless there is an unreasonable sentencing order, considering that the facts themselves, including drinking driving, are replaced by a criminal who has no criminal power at all, and the defendant has committed a mistake in depth, and has left the scene of the accident as a short thought at the time of the accident, and the victims have not been punished against the defendant, the punishment of the court below (7 million won of the fine) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The judgment of the court below is based on the following circumstances revealed by the evidence duly adopted and investigated, namely, ① according to the video of the Defendant’s driver’s vehicle, the shock intensity seems to have been considerable in the future at a considerable distance of the damaged vehicle at the time when the Defendant concealed the victim’s vehicle, ② the victim F made a concrete statement about the situation at which the victim suffered the injury on the part of the part of the victim, the pain and the progress experienced after the accident, ③ the victims suffered the injury, such as the crums and tensions that require the e-chemical method and stability for about two weeks.

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