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(영문) 서울동부지방법원 2014.09.26 2014노999
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal of this case occurred at the 11-lane traffic accident, which occurred from the sending of the vehicle to the safe zone, and it was considerably fixed due to the vehicle serving at the time. The defendant, as such, when a large vehicle stops immediately, it would interfere with traffic. The traffic accident of this case was caused by the defendant's breath under drinking driving, and the defendant's fault was obviously 100%, so it was not necessary not to pay for the time of the accident, but to preserve the scene of the accident. The defendant was not required to move the vehicle to the safety zone without the victim's direction, and it was not necessary to ensure the safe and smooth movement of the vehicle again after stopping the vehicle to the safety zone. In light of the fact that the defendant's vehicle could not easily escape from the light of the fact that the defendant's vehicle was a large volume of 4.5 tons, and that there was no physical need for safe and smooth treatment or removal of the victim's injury to the victim's vehicle without the victim's intention or the victim's opinion in this case.

Nevertheless, the lower court erred by misapprehending the facts, thereby causing occupational injury among each of the facts charged in the instant case.

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