(영문) 수원지방법원 2017.05.31 2016노7104 | 리걸엔진

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(영문) 수원지방법원 2017.05.31 2016노7104

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant, after the instant accident, stops immediately after the instant accident, and confirmed whether there was no contact with the victims. After receiving an accident from an insurance company, he did not leave the place of the accident until an employee at the site of the insurance company confirms the scene of the accident, the Defendant was able to have taken a misunderstanding that the accident scene was completed, and that the accident scene was completed.

Therefore, even though the defendant fulfilled all measures under Article 54 (1) of the Road Traffic Act, the court below found the defendant as committing a crime of violation of the Road Traffic Act of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant.

(2) The sentence of the lower court’s unfair sentencing (an order to provide community service with a prison term of 2 years, 40 hours, and 40 hours’ compliance driving lectures) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts: (i) the Defendant was driving at the time of the instant accident; (ii) all three victims of the instant accident suffered injury requiring two weeks’ medical treatment; (iii) the victim E’s vehicle due to the instant accident has been damaged to the extent that the repair cost exceeding the vehicle value at the time exceeds 1.86 million won; and (iv) the victim F’s vehicle due to the instant accident has been damaged to the extent that the 469,700 won was damaged; and (v) the employees of the insurance company at the scene of the instant accident reported to the Defendant and the victims at the left-hand left-hand edge of the instant accident; and (v) the employees of the insurance company having arrived at the scene of the instant accident to stop at the road edge by making the vehicle left-hand left-hand turn.

(6) The driving vehicle shall tow the damaged vehicle and turn to the left.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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