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(영문) 서울동부지방법원 2015.10.22 2015노851
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a victim of mistake of facts and misapprehension of legal principles did not have any trace of credit, such as moving the vehicle at the vehicle immediately after the accident, taking a cell phone number after killing the vehicle, etc., and driving the vehicle on his own immediately after the accident, and taking most physical treatment at the hospital on the following day, the victim cannot be deemed to have suffered injury due to the accident in this case.

Therefore, the charge of this case, which is premised on the victim's injury, should be pronounced not guilty.

B. The sentence (7 million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. The defendant argued that the above mistake of facts and misapprehension of legal principles are the same as the argument of the above mistake of facts and misapprehension of legal principles, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is legitimate, and therefore, the defendant's assertion of mistake of facts and misapprehension

B. There is no record of criminal punishment prior to the instant case’s determination of the allegation of unfair sentencing, the victim’s injury is relatively minor, and the Defendant’s damage and reimbursement was made based on the Defendant’s vehicle liability insurance, and the economic difficult situation are favorable to the Defendant.

On the other hand, even though the accident of this case was caused by the defendant's unilateral negligence, the fact that the defendant refused the request for stopping from the vehicle immediately after the accident and escaped as it was, is not in the nature of the crime. The fact that there was no serious reflectivity while denying the crime of this case, and that there was no agreement with the victim, etc. are disadvantageous to the defendant. Such circumstances and other arguments of this case are shown in the arguments of this case.

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