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(영문) 서울서부지방법원 2016.12.01 2016노965
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the violation of the Road Traffic Act (U.S.A.) among the facts charged in the instant case, according to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts or by misapprehending the legal principles, and acquitted the Defendant of each of the above facts charged, even though the Defendant knew of the occurrence of an accident by his own negligence,

B. The lower court’s sentence of unreasonable sentencing (the fine of 3.5 million won) is too unhued and unreasonable.

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

A. Of the lower judgment, the summary of the facts charged pertaining to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the violation of the Road Traffic Act (the measures to be taken after accidents) was brought to the Defendant, who is engaged in driving of C non-Stop Vehicle, and, on June 13, 2015, driving the said vehicle at around 01:15, and, on June 13, 2015, sent the Mapo-gu 163 Mapo-gu World Cup to the direction of the Mapo-gu Office in the direction of the port of the

Since there is a road for shotos, the defendant has a duty of care to prevent accidents by clarifying the operation of the vehicle's apparatus.

Nevertheless, the Defendant neglected to do so and allowed the said car under the influence of alcohol while waiting for the signal, and caused the collision of the part of the victim D (ma, 64 years old) driving, which was behind the rear part, with the rear part, of the victim D (ma, 64 years old).

At the same time, the Defendant, by its occupational negligence, sustained injury to the victim D, such as catitis, which requires two weeks' treatment, and suffered injury to the victim F (F, South and 45 years old), who is a passenger, for four days' medical treatment. At the same time, even if the above E-si damages the repair cost to the extent equivalent to KRW 472,270, the Defendant immediately stops and provides relief to the victims.

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