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(영문) 대전지방법원 2016.05.18 2015노3541
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case by mistake of facts, the victim at the time of the instant accident suffered injury to the extent that the rescue measures are needed.

As the defendant was unable to do so, there was no duty to provide relief to the victim. Thus, the defendant left the scene.

Even if escape was done, such escape

shall not be deemed to exist.

However, the lower court found the Defendant guilty on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine.

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

2. Determination

A. The lower court, based on the following day of the instant accident, found the Defendant to have suffered injury on the part of the victim, in light of the following: (a) the victim was provided medical treatment to the hospital after receiving the medical treatment; (b) the victim was provided with pharmacologic treatment and physical therapy; and (c) the victim visited the hospital; and (b) received the same injury as indicated in the facts charged; and (b) the background of the instant accident; (c) the degree of shock; and (d) the degree

that the circumstances were sufficiently known.

(3) The victim left the site without making any particular statement to the victim during the course of the accident immediately after the accident.

A witness also stated that the victim escaped from a defect in the police.

On the ground that it is impossible to deny the intention of escape solely on the ground that the defendant was stated in his/her statement, and ④ the fact that the execution of detention in the workhouse with the unpaid fine, the defendant left the scene without taking relief measures against the victim, was convicted of this part of the facts charged.

The following circumstances are acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim.

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