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(영문) 서울중앙지방법원 2020.10.21 2019노3837
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts and misunderstanding of legal principles cannot be deemed to have suffered injuries under the Criminal Act due to the instant accident, and there is no need for relief from the victims.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting the facts charged in this case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. 1 The Defendant denied the facts charged in the instant case by asserting that the lower court had the same purport as that of the trial, but the lower court found the Defendant guilty of the instant facts charged on the grounds of the reasons stated in Articles 4 through 6 of the lower judgment.

In full view of the following circumstances acknowledged by the court below and duly adopted and investigated by the court below and the court below, each injury in the facts charged by the victims due to the accident in this case is sufficient to evaluate the injury under the Criminal Act, and the necessity of relief measures is recognized. Thus, the judgment of the court below is justified.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

① On January 16, 2019, the date of the accident, the Victim F, who was admitted to the I Hospital and complained of the pain pains, and was diagnosed by the chills, tensions, etc., and provided water treatment, medicine treatment, etc. to the above hospital for two weeks from January 17, 2019 to the 30th day of the same month, and the Victim H received physical treatment, and the Victim H complained of a traffic accident after going to the J-RAY on January 16, 2019, the date of the accident, and was diagnosed by the X-RY was diagnosed by the chills, and was diagnosed by the chills, medication, physical treatment, etc., for two weeks from January 17, 2019 to the 30th day of the same month, and the Victim H complained of a traffic accident.

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