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(영문) 부산지방법원 2016.10.14 2016노2581
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant traffic accident, the Defendant did not recognize the occurrence of the traffic accident due to the temporary uncertainty of awareness caused by the low blood relative shock at the time of the occurrence of the traffic accident, so the lower court erred by misapprehending the fact, thereby finding the Defendant guilty.

B. The court below's decision on the grounds of unfair sentencing (ten months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. In addition to the circumstances stated by the court below in light of the following circumstances acknowledged by the record, i.e., (i) the defendant attempted to make a right-to-face while making a direct operation at the time, and did not seem to have done any abnormal behavior to the extent that he does not have awareness of normal driving, etc.; (ii) the defendant stated that "the defendant was aware that he was faced with the iron"; and (iii) the defendant had been aware of the shock that he had been driving since he had already experienced a low blood transfusion shock since he had been driving for one year before, he would not be able to accept the fact that the accident occurred at the time, even though he had to take measures such as examining whether there was an accident due to the low blood transfusion shock, and did not look at the situation, considering the fact that the accident occurred at the time, even though he did not have been aware that the accident occurred at the time, he could not accept the fact that the defendant was caused with the accident of the defendant's own on-site and there was an accident of the defendant.

B. The defendant's agreement on the assertion of unfair sentencing is reached with the victim, dolusent intent caused the crime of this case, and the circumstances that are difficult to be the beneficiary under the National Basic Living Security Act are also disability.

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