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(영문) 서울중앙지방법원 2017.12.14 2017노3262
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution for one year of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

B. The lower court found the Defendant not guilty of this part of the facts charged, in light of the following circumstances, based on the fact that the Defendant committed a violation of the Road Traffic Act (i.e., an accident) regarding E-related road traffic (i., an accident).

(1) The fact that the Defendant shocked the cuber of the Cubler’s car driven by E (hereinafter “the primary accident”), but it is clear that the Defendant driven without stopping the vehicle and driving it as it is, and the fact that E is likely to cause new traffic risks and obstacles in the process.

(2) The Defendant was unable to recognize the occurrence of the accident itself because he was driving on the stroke in the state of full intake.

The argument is asserted.

The court below held that the defendant was unable to be aware of the accident on the ground that the defendant did not conduct an act to the opposite side immediately after the accident.

The decision was determined.

However, according to the E’s statement and survey report (Evidence No. 10 pages), etc., the Defendant’s driver’s vehicle was able to find out that the Defendant’s driver’s vehicle fell from the second line to the third line, and then was straighted from the third line.

In the absence of awareness about the fact of the occurrence of the accident itself, the defendant did not go to the third tea but to the fourth tea.

I seem to have to do so.

In other words, the defendant revised the direction so that he can see the shock after the first accident and move to the right direction.

(3) The lower court determined that the Defendant was not aware of the accident because the accident was insignificant.

However, E had a shockion to the accident at the time of the accident.

was stated.

The contact between the vehicle and the vehicle caused a shock to the extent that the vehicle will be connected with the vehicle, and the person on the vehicle in question is shocking.

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