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(영문) 광주지방법원 2016.09.22 2015노3277
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The injury suffered by misunderstanding of the facts and misapprehension of the legal principles is extremely minor and does not constitute an injury as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes (Epinsing Vehicles) or the Defendant could not know the victims at the time. Thus, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epins Vehicles) cannot be established, and the situation where smooth transportation should be secured by preventing and removing traffic risks and obstacles at the time.

Therefore, the crime of violation of road traffic law (not after the accident) cannot be established.

2) The sentence of the lower court (an amount of eight million won) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) The lower court also asserted the same purport as the grounds for appeal, and the lower court found the Defendant guilty of the instant facts charged in full view of the following circumstances.

① The victims were hospitalized for two weeks due to the instant accident, not hospital treatment, and did not attend the workplace for two weeks.

The victim E testified that he did not have a hospital immediately before the date of the accident in the court of the court below, and did her son and she did so at the time of 8 weeks following that, during 2 weeks of hospitalization, he saw that he she was flicker, and she was flicker when she flicked about the boom, she was flicker, and other victims G testified that she was flicked to the same degree as she was flicker.

② Due to the instant accident, the rear gate of the damaged vehicle was fluored down, and the rear part of the vehicle was considerably string towards the inside, and the rear part was broken down, thereby far away from the road.

(3) The victim E was unable to find the mind for the victims due to the shock of an accident.

The defendant's vehicle was stated in the investigative agency, and the defendant's vehicle was found at the time of finding.

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