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(영문) 춘천지방법원 2018.06.15 2017노252
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① The Defendant did not have the victim’s development, etc. on the road with the left rear wheels of the Defendant’s vehicle, ② the Defendant did not recognize that he had taken the victim’s left side, etc., and ③ the injury suffered by the Defendant does not constitute a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) due to minor injury.

B. The sentence of the lower court’s improper sentencing (two years of suspended execution in October, and forty hours of order to attend school) is too unreasonable.

2. Determination

A. Fact-misunderstanding 1) The following facts and circumstances acknowledged by the court below and the evidence duly admitted by the court below as follows: ① the Defendant driven a vehicle by the Defendant, i.e., the vehicle was crossing the vehicle behind the vehicle on which the victim was a victim, and the victim was driving the vehicle at the intersection after receiving a stop signal at the intersection; ② the victim avoided the vehicle without any particular answer; ② the above evasion process, i.e., the victim’s left side side appears to be attributable to the back side of the vehicle in the process of bypassing the vehicle on which the victim was a victim to the right side of the vehicle, and the location and driving direction of the Defendant (in full of the victim’s statement, etc., the vehicle by the Defendant seems to have circumvented the victim’s right side after leaving the vehicle at the time of driving at the investigative agency and the court below. ③ The victim’s statement and the court below's decision seems to have been sufficiently possible.

According to H’s statement in the investigation agency, the victim had his name in the above station and the large sound at the time, and ④ The victim had his name unfolded and obstructed the vehicle of the defendant who has not yet been at a speed, and the defendant has a vehicle.

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