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(영문) 수원지방법원 2018.08.10 2018노1452
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The defendant's intent to commit an escape is sufficiently recognized.

Although the Defendant clearly recognizes the occurrence of a traffic accident as indicated in the judgment below (hereinafter “the instant traffic accident”), the Defendant attempted to flee from the view of the permissible ICT room. However, the Defendant: (a) reported the vehicle of the parked victim to the vehicle’s body and stopped at the latest after reporting the vehicle of the parked victim.

2) There was a need for relief measures at the time of the instant traffic accident.

As the instant traffic accident occurred on an expressway, the running speed of the Defendant vehicle was at least 50km/h, and the degree of the accident was not less than that of the vehicle, such as the division of a slick and the clear confirmation of the country that flicked on the vehicle.

Since then, there was no need to take relief measures at the time of the instant traffic accident on the ground that the victims' treatment was no more complicated than their thoughts or that the repair cost was less than expected.

It is difficult to readily conclude.

3) Nevertheless, the judgment of the court below which acquitted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) and the violation of the Road Traffic Act (the measures not taken after the accident) among the facts charged in the instant case, is erroneous in the misapprehension of facts and thereby adversely affecting the conclusion

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

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is a person engaging in driving a DMW car.

On July 29, 2017, the Defendant, while under the influence of 0.162% of alcohol during blood transfusion around 07:00, driven a BMW car, and led to two-lane roads in the Young-dong-dong Highway Pungdong-gu, Youngdong-gu, Youngdong-gu, Youngdong-gu, Gungdong-gu, In the direction of Incheon, the two-lane roads in the city-speed road in the direction of Gangwon-do.

At the same time, there is a road in a tunnel where a white solid line prohibiting the change of a tea line is installed, and the Fysta car driven by the victim E (40 years) at the second lane.

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