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(영문) 춘천지방법원 2016.12.15 2015노1354
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the victim was injured by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, since he/she was given medical treatment in an emergency room on the day when he/she was faced with the left part of the elbbow on the part of the defendant's driver, and was given medical treatment by prescribing one week.

2. The judgment below held that it is difficult for the victim to be deemed to have suffered injury under the Criminal Act due to the instant traffic accident in full view of the following: (a) the speed at the time of the accident of the passenger car driven by the Defendant was not fast 10 to 15km/h; and (b) it seems that there was no injury to the passenger car due to the accident except for those exposed to the right-hand side of the passenger car; and (c) the victim seems not to have suffered any significant degree of shock; and (d) the victim did not receive any specific treatment except for those prescribed by the daily medicine at the hospital; and (e) the victim’s injury in the inquiry reply to the fact-finding with the hospital was deemed not to have a hindrance to daily life.

If the evidence duly adopted and examined by the court below is closely compared with the records, the judgment of the court below is justified, and there is no error of law by mistake of facts.

In addition, considering the fact that there was no significant shock at the time of the accident in this case and the injury of the victim is insignificant, it is difficult to view that the defendant was aware that the defendant immediately suspended the operation of the vehicle and provided relief to the victim. 3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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