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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2015.11.26 2015노2069
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes)] The defendant only left the scene to request Klena to help the Korean horses well, and returned to the site thereafter, and led the police station to voluntarily surrenders the victim due to no victim. Therefore, there was no intention of escape.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Determination

A. The term "cases where an accident driver runs away without taking measures under Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" as provided in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means cases where the accident driver immediately stops and departs from the place of accident without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim although he/she recognizes the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed, and "the driver, etc. after the traffic accident" as provided in Article 54 (1) of the Road Traffic Act means the duty to immediately stop unless there are circumstances such as where traffic danger is caused immediately by stopping. In determining whether the accident driver lawfully deserts the scene before he/she performed his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, etc., in light of the situation and contents of the accident, degree of the accident victim's health and degree of injury, age 210.

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