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(영문) 서울서부지방법원 2014.07.17 2013노1355
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the court below to find the victims guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, although they did not recognize that they suffered injuries to the extent that relief measures are needed, and they did not escape from the scene.

B. The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the lower court found the Defendant guilty of the charges on the following grounds: (a) the instant traffic accident was found based on the evidence of the lower court; (b) the Defendant, while driving under the influence of 0.07% of blood alcohol level, received from the victimized vehicles, and caused damage to each of which amounting to KRW 3,146,00 and KRW 534,00,00, respectively; (c) the victims suffered from injury, such as thalinium or falinite, requiring medical treatment for three weeks and two weeks, respectively; (c) the Defendant and the victims received hospitalized treatment; (d) the Defendant and the victims agreed to move to the new infant apartment near the site of the accident; (d) the Defendant determined that the victim was escaped; and (d) the Defendant strongly asserted that the Defendant’s wife was driven with the Defendant’s wife only after the passage of 20 minutes, and it was difficult to view that there was an intentional injury to the victims of the instant traffic accident.

We agree with the court below's fact-finding and judgment by comparing them with records, and they are justified.

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