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(영문) 대구지방법원 2020.05.22 2019노3081
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles: (a) it is impossible to readily conclude that the victim suffered bodily injury due to the instant accident; (b) even if the victim was found to have suffered bodily injury, it cannot be said that there was a need to take relief measures against the victim, etc.; and

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

2. Determination

A. In light of the legislative intent and legal principles of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and Article 148 of the Road Traffic Act, when it is not deemed necessary for the accident driver to take measures under Article 54(1) of the Road Traffic Act, such as the victim’s actual relief, in light of the following: (a) the determination of mistake of facts or misapprehension of the legal principles as to the assertion of legal principles; (b) in light of the legislative intent and legal interests of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; (c) the victim’s age and degree; (d) the victim’s age and degree; and (e) the victim’s age and degree; and (e) the victim’s age and degree; and (e) the victim’s age and health condition; and (e) the victim’s need not be determined in cases where the victim and the victim did not have any opportunity to provide rescue or relief to the victim.

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