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(영문) 광주지방법원 2021.03.18 2020노1017
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the defendant was unaware of the fact that he did not know of the fact that he had an accident, the judgment of the court below which convicted him of the fact that he had no intention to commit an escape was erroneous.

B. The sentence of the lower court’s unfair sentencing (an amount of five million won) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the Defendant alleged to the effect that there was no criminal intent to escape, since the Defendant did not know that the instant traffic accident occurred, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court can be sufficiently recognized by the Defendant, even though the Defendant knew of the occurrence of the instant traffic accident, as it is, while proceeding with the vehicle.

Therefore, the above part of the defendant's assertion is without merit.

① A victim F who appeared and testified in the original trial court was in close vicinity to the Defendant’s vehicle, and was placed up immediately to avoid a collision with the Defendant’s vehicle. The Defendant’s vehicle did not go straight as at the time, but did not go against the Defendant’s vehicle in a S self-concept that handles the Defendant’s level hand-on in order to avoid a collision with the victim, and that the vehicle stopped without stopping the vehicle.

was stated.

② In addition, the owner G of a substitute driver’s vehicle who appeared and testified at the court of the court below was present at the time, and was present at the top seat of the vehicle driven by the Defendant at the time. At the time of entering the intersection, the witness was present at the right side of the vehicle at the time of entering the intersection, and the Defendant appeared to have been shocked to the left side of the shopping bags that he was in front of, and the shopping bags on the back seat of the Defendant was fluened by cutting hand to the left side at the time when he was close to the Oraba, and he said to be “fluend rice sea.”

was stated.

(3) The suspect, driver's, and driver's license plate image CD submitted by the prosecutor.

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