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(영문) 서울남부지방법원 2021.03.11 2020노1866
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 1) 특정범죄 가중처벌 등에 관한 법률위반 (도 주치 상) 의 점 ㈎ 상해의 결과 미발생 및 구호의무의 부존재 피고인은 이 사건 사고 직후 피해자의 상태를 확인하였고 외관상 피해자에게 상처가 없는 사실을 확인하였다.

Although the victim was influorous, he/she is fine.

was made.

In such a case, the victim suffered from the police injury, such as salted chills, tensions, etc.

A statement and a written diagnosis were submitted.

It cannot be readily concluded that the injury suffered by the victim was caused by the instant accident, in light of the fact that the victim was victimized by domestic violence at ordinary times, the husband of the victim controlled the victim's behavior, or that the victim received a diagnosis at the oriental medical hospital located far away from his/her residence.

Therefore, at the time of the instant accident, the Defendant did not have a duty to take necessary measures, such as aiding the victims under Article 54(1) of the Road Traffic Act.

㈏ 도주의 범의 부존재 피해자는 이 사건 사고 직후 피해자에게 명함을 교부하였다.

The victim calls with the phone number recorded in the name of the victim, and calls with the defendant.

The defendant has a reason to go promptly to the victim.

Madernly, the victim left the accident scene with the consent of the victim.

Therefore, the defendant did not have any criminal intent to escape.

2) The grounds for appeal on the violation of the Road Traffic Act (unnecessary Measures after Accidents) do not include the grounds for appeal on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, except for the grounds for appeal on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the grounds for appeal on the violation of the Road Traffic Act).

However, in light of the contents stated in the 16th page 9-12 of the Reasons for Appeal, the grounds for appeal are stated in the Reasons for Appeal about the violation of road traffic law (not after the accident).

As a result of the instant accident, mal.

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