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(영문) 의정부지방법원 2017.12.18 2017노2727
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 9,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by misunderstanding the facts or misapprehending the legal principles, the Defendant was unable to recognize the fact that the victim was injured at the time of the instant accident, and thus, there was no criminal intent to escape, and there was a need to take measures under Article 54(1) of the Road Traffic Act, such as aiding the victim at the time of the accident.

Although it cannot be seen, and even if it did not leave the site, the court below found the charge of this case guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (two years of suspended execution in October, community service order, 80 hours of community service order, and 40 hours of lecture order) is too unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The Defendant did not leave the site even in the lower court, on the ground that he/she left the site.

However, the court below rejected the defendant's assertion.

In full view of the evidence duly admitted and investigated by the court below, the judgment of the court below that the defendant was to take the traffic accident of this case and leave the site is just and acceptable, and there is an error of law by mistake of facts affecting the judgment.

subsection (b) of this section.

B. Determination as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) 1) The summary of this part of the facts charged is that the Defendant is a person engaged in driving a vehicle with D.

On August 19, 2016, the Defendant driven the said car at around 23:45, the Defendant, along with driving the said car, was faced with the central separation line installed on the center line of the road due to occupational negligence, which did not properly operate the front-time city and steering system under the influence of alcohol, while driving the Kintex IC along the right line near the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Seoul. In response, the central separation line is scattered on the opposite line.

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