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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.04.22 2015노1509
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) provides that the Defendant inevitably moved 50 meters from one to three lanes to prevent the instant traffic accident after the occurrence of the instant traffic accident, and at the time, the Defendant was drinking, so the Defendant was deemed appropriate to take care of the accident rather than taking care of the accident, and the Defendant was called to P by telephone and reported to P to 112 while requesting the recovery of the accident. While the Defendant arrived at the scene of the accident upon the request of the Defendant, but the victims were already transferred to the hospital, the police did not take any relief measures for the victims any longer. Considering the above circumstances, the lower court found the Defendant guilty of this part of the charges, which affected the conclusion of the judgment, was erroneous by misapprehending the fact that the Defendant did not have any danger of traffic accident or obstruction on the road after the occurrence of the instant traffic accident, and therefore, the Defendant did not have any potential traffic accident or obstruction on the road.

In addition, although the Defendant tried to manage an accident through P, the Defendant failed to take necessary measures due to the above circumstances as stated in paragraph (1). Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. Determination of the assertion of mistake of facts 1) The following facts are recognized according to the records of the instant case. A) The Defendant on December 4, 2014.

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