logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.11.19 2020노668
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) the Defendant fulfilled his/her duty of care to the extent normally required in a situation where the victim was uneasible due to uneasiness, and the victim F used a vehicle number as a mobile phone and used it to transfer the vehicle to

Therefore, it is difficult to deem that the defendant did not take measures to ensure smooth traffic by removing appropriate relief measures and traffic risks and obstacles against the victims.

Even if the defendant left the accident site without taking appropriate relief measures against the victims and removing any danger and obstacle to traffic, the defendant had no intention to flee.

Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (three years of suspended execution in one year and six months of imprisonment, one hundred and sixty hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unreasonable.

2. Determination

A. In the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court, based on the circumstances stated in its reasoning, determined that the Defendant left the accident site without taking measures to ensure smooth traffic by taking appropriate relief measures against the victims and by removing the risks and obstacles to traffic.

When examining the following facts and circumstances in light of the circumstances stated by the court below, the judgment of the court below is just, and there is no error of law by mistake of facts or by misunderstanding of legal principles as alleged by the defendant.

arrow