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(영문) 춘천지방법원 2017.12.20 2017노482
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant did not leave the scene immediately after the accident, left the vehicle to the place where the damaged vehicle was located after stopping the vehicle. Since the situation where the stable parking at the time could not be conducted, the Defendant left the scene by breaking up the victims, and was merely a fact that the victims did not have any intention to escape.

2) The victims suffered injuries due to the instant accident

subsection (b) of this section.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, 40 hours of community service order, and 40 hours of lecture attendance order) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of the legal principles 1) Determination of the assertion that there was no intention to escape, i.e., the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the defendant at the time: ① allowed the victims to stop the vehicle, but did not take all measures such as checking the situation of damage by approaching the victims, checking the damaged condition of the vehicle, and confirming the damaged condition of the vehicle in detail; ② leaving the scene from the long distance; ② the defendant was the victim at the time.

However, the victims are not aware of such losses, and the degree of the accident is minor.

In a situation that cannot be seen, it is difficult to understand that demanding the victim to leave the damaged vehicle in the accident site only by hand without dividing the victim's condition, responsibility for accident, etc. <3> although the location where the defendant parked the vehicle at the time changes the road, it seems that at least there are other illegal parking vehicles in the following part, at least there are sufficient temporary parking until the police or insurance company's employees arrive, and ④ the defendant is driving again.

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