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(영문) 부산지방법원 2014.12.12 2014노3361
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 3 million imposed by the court below to the defendant is too unhued.

2. The judgment of the court below held that each of the crimes of this case committed by the defendant, by negligence of driving a car in violation of a stop signal, caused the victim C (n, 76 years of age) who was standing the crosswalk in accordance with the pedestrian signals to go beyond the road and thereby requiring approximately 14 weeks of treatment. The above shock caused by the shock that the victim D (n, 7 years of age) who was walking around the above victim exceeded the road, thereby causing the victim D (n, 7 years of age) who was walking around the above victim to go beyond the road, without taking any relief measures, and escape without taking any rescue measures. It is not easy that the case is that the defendant escaped.

However, all of the crimes of this case are recognized by the defendant, and his mistake is divided in depth, the defendant returned to the scene of the accident and left the scene of the crime after getting out of the scene of the accident. In light of all circumstances, it seems that the view of the defendant, who has lost social experience at the time and caused the fear and shock of traffic accidents, could not take hot relief measures. Since the defendant's driver's car is covered by a comprehensive insurance, it seems that considerable part of the damage can be recovered from the insurance money. In the course of the investigation, the victim is the first offender who has no record of criminal punishment, and the university student who has not yet started social life, the victim would not resume the crime again, and considering the age, environment, family relationship, circumstances of the defendant's occupation, and circumstances before and after the crime of this case, the court below's sentencing seems to be unfair.

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