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(영문) 서울중앙지방법원 2017.04.20 2016노4176
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, did not have received the victim from the victim on the front side of the front side of the Defendant’s vehicle, and even if there was shock.

Even without recognizing such facts, the intention of escape was not the intention of escape.

B. The sentence sentenced by the lower court to the Defendant (a punishment of KRW 7 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, particularly the video CD (Evidence No. 81 of the evidence record), witness E, and F's legal statement of the court below, the defendant neglected to take a right-hand line, and the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

B. There are extenuating circumstances favorable to the Defendant, such as the fact that the Defendant was insured and the medical expenses, etc. for the victim were fully paid (the trial record No. 44) and that there was no criminal record of suspended execution or more. However, the instant crime was committed even if a traffic accident occurred.

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