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(영문) 서울동부지방법원 2017.01.26 2016노1393
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of each of the charges of this case by misunderstanding the facts or misapprehending the legal doctrine, although the Defendant did not know that a contact accident occurred, the victim did not have any injury and did not cause any danger or obstacle to traffic.

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

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal principles, the Defendant argued that this part of the appeal is similar to the grounds for appeal, and the lower court, based on evidence, received the front part of the damaged vehicle, which was going straight ahead in the right side of the Defendant’s vehicle in the direction of right side, from the left side of the vehicle (hereinafter “accident”), and immediately after the collision, asked whether the victim left the front window in the direction of play and caused an accident to the Defendant. The Defendant, who was seated in the driver’s seat, was tightly pushed off the driver’s seat, and contacted the Defendant.

” 수사기록 제 57 쪽의 CD 중 'Event _20150722 _153227 _D' 파일과 ‘Rec _20150722 _153238 _D' 파일의 동영상을 보면, 이 사건 사고 직후 피해자가 “ 아, 깜짝이야, 닿았어요

(1) Contact도요

“The Defendant immediately adjoined the PPS.”

“(not in contact)”

It is confirmed that it refers to whether to answer or not, whether or not to contact or not, or whether or not to repent, is not clear) and the view of leaving the field without delay without delay in time.

After the phrase, the defendant's vehicle was departing from the scene without any further conversation, and the victim, after checking the damaged vehicle's parts of the accident, tried to find the defendant's vehicle again, but failed immediately after driving the vehicle.

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