logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.10.12 2017노1019
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not cause the instant traffic accident, and the Defendant did not cause the instant traffic accident, and the occurrence of the instant traffic accident.

Even if the degree of accident is minor, the defendant was not aware of the fact of accident, and there was no danger and obstacle to traffic since the vehicle's strike, etc. do not fall on the road, so the crime of violation of the Road Traffic Act (not after the accident) is not established.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) In an improper preliminary determination of sentencing, the sentence (7 million won) pronounced by the lower court is too unreasonable.

B. Prosecutor 1) In fact-misunderstanding and misapprehension of legal principles, even if the victim suffered injury due to the traffic accident in the instant case, the court below acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) among the facts charged in the instant case, erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misunderstanding the facts and legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as follows: (i) the occurrence of a traffic accident and the recognition of the Defendant’s accident; (ii) the occurrence of a defect on the right side of the damaged vehicle due to the instant traffic accident; (iii) the victims immediately aware of the collision with the Defendant’s vehicle; (iv) the occurrence of a traffic accident; and (v) the occurrence of a traffic accident and the recognition of the Defendant’s accident; and (v) the occurrence of a traffic accident, as a result, the victim’s vehicle immediately knew of the accident; and (v) the victim’s vehicle indirectly overtakes the damaged vehicle that was signaled in the third line of the three-lane way; and (v) the victim’s vehicle gets ahead of it by sounding it several times after the accident.

arrow