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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2012.09.13 2012노2138
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant stated in the facts charged (hereinafter “instant accident”).

A) After the occurrence of the instant traffic accident, the victims did not speak about the fact, and they did not seem to know about the fact, and they left the site only because they did not have any intention to commit an escape. Therefore, it is difficult to deem that the Defendant necessary to take necessary measures to prevent and remove traffic risks and obstacles at the time of leaving the instant traffic accident site in light of the fact that the traffic accident did not spread on the road due to the instant traffic accident, and that there was no intention to commit an escape.

B. The lower court’s sentence of an unreasonable sentencing (5 million won by fine) against the Defendant is too unreasonable.

2. Determination

A. Regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes"), "the case where a driver of an accident runs away without taking measures under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc." as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes"), means the case where the driver of an accident, despite his knowledge of the fact that the victim was killed, brings about a situation in which it is impossible to confirm who caused the accident by leaving the accident site before performing his/her duty under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding the victim although he/she was aware of the fact that the victim was killed due to the accident, and the degree of awareness of the fact that the victim was killed is not necessarily definite, and it is sufficient to recognize the victim

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