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(영문) 대전지방법원 2013.08.29 2013노1001
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

Although G was not injured due to the traffic accident in this case due to mistake of facts, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous, which affected the conclusion of the judgment.

The sentence of the court below on unreasonable sentencing (the fine of five million won) is too unreasonable.

According to the evidence submitted by the prosecutor and the prosecutor, the victims suffered injury due to the traffic accident in this case and the defendant, even though he was aware of it and did not immediately stop and take necessary measures to rescue the victims, and the court below acquitted the defendant of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The above sentence of unfair sentencing by the court below is too uneasible and unfair.

Judgment

The judgment of the court below as to the defendant's assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., victim G, at the court of the court below, i.e., the victim's body at the time of the traffic accident in this case, faced with the shoulder inside the damaged vehicle and suffered injury. The victim G's statement is specific to the extent that the victim's statement was unable to make a statement unless he was experienced directly. The victim's statement is natural, and there are no circumstances where the statement is opened to the extent that it was impossible to make a statement if he did not directly experience. ② On the following day of the traffic accident in this case, the victim G was actually treated at H hospital and was hospitalized at the hospital for three days after the day following the date of the occurrence of the traffic accident in this case, and was hospitalized at the hospital after discharge, and therefore

Judgment on the prosecutor's assertion of mistake or misunderstanding of legal principles.

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