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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2018.05.23 2017노3716
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principle) ① The defendant did not shock the victims’ vehicle with the vehicle driving of the defendant, so the defendant left the scene of the accident in order to let the rest of the passengers believed that the defendant did not have a duty to rescue or fault with respect to the accident of this case, ② there were a number of witnesses at the site of the accident of this case, and the vehicle of the defendant was exactly distinguishable from other vehicles with a personal taxi, so it is not possible to find the person who caused the accident of this case. ③ The defendant actively cooperates in the accident management, such as making the passengers get back to the site of the accident and making it known to the police officer him/herself, and making it difficult to find the person who caused the accident of this case. In full view of these circumstances, the defendant had a criminal intent to escape.

Although the facts charged cannot be seen, the court below erred by misapprehending the legal principles or misapprehending the legal principles.

2. Comprehensively taking account of the following facts and circumstances duly adopted and examined by the lower court, the Defendant, even though he was aware that the above accident occurred due to his negligence, escaped from the site.

It is reasonable to view it.

Therefore, the defendant's assertion is without merit.

A. The Defendant driven a Category C rocketing car (hereinafter “Defendant vehicle”) and tried to turn to the left in one way among the two laness at the intersection of the Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon. The victim D's low-income car was a two-lane from the right side of the Defendant vehicle.

In that way, the vehicle of the defendant who made a left turn tried to pluck up the direction to the right side of the vehicle, and the victim D attempted to turn to the right side in order to avoid collision with the vehicle of the defendant.

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