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(영문) 수원지방법원 2016.09.28 2016노2137
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was not negligent in the occurrence of the instant accident, since he did not drive the central line at the time of the instant accident.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. The lower court consistently affirmed the following circumstances acknowledged by each evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the victim’s vehicle following the occurrence of the traffic accident from the date of the written statement following the accident to the court of the lower court’s judgment, which consistently intrudes with the victim’s vehicle due to the sudden median line.

In full view of the following facts: (a) the credibility of the statement is recognized in the statement; (b) the shock of the accident was deemed to have occurred; (c) the Defendant left the scene without stopping the vehicle; and (d) the victim immediately set up the vehicle in the vicinity of the place where the accident occurred and reported the vehicle to the police; and (c) the Defendant caused the instant traffic accident by negligence in which the central line was invaded; and (d) the facts constituting the crime of the lower judgment that the Defendant escaped without taking necessary measures

Therefore, the defendant's assertion of facts is without merit.

B. The Defendant did not have a previous record of judgment on the unfair argument of sentencing, and subscribed to a motor vehicle comprehensive insurance policy.

However, since the defendant injured the victim in a traffic accident while destroying the victim's vehicle and leaving the site without taking necessary measures, such as rescue of the victim, it is necessary to punish the victim accordingly.

In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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