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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.05.26 2013노5829
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of the instant traffic accident cannot be deemed to have suffered injury due to misunderstanding of facts and misapprehension of legal principles, and the Defendant attempted to ask the victim to leave the vehicle immediately after the accident, and attempted to do so, but the victim's refusal to do so, sticking to the front of the victim's vehicle. The victim's refusal to receive the accident, which led to urgent promise after receiving the accident from the insurance company, and thus, the Defendant did not have any intention to escape.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts or misapprehension of legal principles.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (a fine of 6 million won) is too unreasonable.

2. Determination

A. The following circumstances revealed in the judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles as to whether the first victim suffered injury, namely, ① the instant accident shocked the Defendant’s vehicle into the rocketing vehicle, followed by the shocking, and caused the shock, and ② the rocketing vehicle was damaged in the instant accident in an amount equivalent to KRW 2,322,328; ② the Poter vehicle was damaged in an amount equivalent to KRW 1,952,507; ③ the Defendant’s vehicle was considerably damaged and stopped during driving; ③ the victim F, the driver of the Poter vehicle, was the victim of the Poter vehicle, under the name of oriental medical doctor, and the victim D, the driver of the Poet or other vehicle, was submitted for a considerable period of time or for a considerable change in the health condition and condition of treatment due to the defect in its name and condition.

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