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(영문) 부산지방법원 2021.01.08 2020노1717
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Regarding the facts of Defendant (misunderstanding of facts or misapprehension of legal principles, and misunderstanding of legal principles, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as misunderstanding of legal principles) with regard to the damage of a vehicle caused by the instant traffic accident, the victims cannot be the basis for the injury of the victims. In full view of the following facts: (a) the victim’s subjective appeal for the injury was issued; (b) the victims’ appeal for the pain cannot be readily concluded as the cause of the instant traffic accident regardless of the king evidence; and (c) the result of the Busan University Hospital’s appraisal that the victims’ wife might be naturally cured; and (d) the victims suffered the injury due to the instant traffic accident.

It is difficult to see it.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged that the victim escaped without taking relief measures despite the victim's injury by causing a traffic accident.

2) The sentence sentenced by the lower court (the amount of KRW 5 million and the cost of the lawsuit) is too unreasonable.

B. In relation to the prosecutor (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles, or violation of road traffic laws (driving driving), it is difficult to believe that the defendant's assertion that the amount of Maternism after the accident reaches 360 meters of the Maternity.

Even if the defendant's assertion is true, the absorption rate in body should not be 0.9 but 0.7 apply when the defendant, after the accident, calculates the increase in alcohol level in blood due to the Manish formula.

The distance from AB the Defendant started driving to the vicinity of the intersection in which the traffic accident occurred is about 1.6km, and the section requires about 7 minutes by a vehicle. As such, the time when the Defendant started driving is the time when the traffic accident occurred.

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