(영문) 서울동부지방법원 2017.06.16 2016노1904

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(영문) 서울동부지방법원 2017.06.16 2016노1904

특정범죄가중처벌등에관한법률위반(도주차량)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the escape and non-measures after a misunderstanding of facts and misapprehension of legal principles, there was no need to take relief measures as the injured party was insignificant due to the instant accident, and immediately after the accident, the accident was confirmed the condition of the injured party and the damaged vehicle, and the insurer was reported the accident to the insurer, and there was no intention to escape.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding guilty of the facts charged.

B. In light of the fact that the economic situation of the illegal defendant in sentencing is not good, the victim does not want the punishment, and the victim is against the punishment, the punishment of the fine of 5 million won imposed by the court below is too unreasonable.

2. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, and the lower court, based on the evidence duly admitted and investigated, acknowledged that the Defendant left the site without taking such measures despite the occurrence of the duty to take relief measures against the victim due to the instant accident.

In light of the circumstances acknowledged by the lower court and the following circumstances, namely, the Defendant’s vehicle was stopped on the fourth-lane of the road on which the instant accident occurred, i.e., the two-lanes of the two-lanes, and the Defendant did not take any measures to prevent subsequent accidents even though the Defendant was in a situation where he was unable to move in by his own means due to his own means, and the speed at the time of the accident reaches 60km, and could have been anticipated to have considerable impact on the victim. In so doing, the lower court’s aforementioned determination is justifiable, and there was such error as claimed by the Defendant.

subsection (b) of this section.

3. Illegal assertion of sentencing.

유사 판례

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