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(영문) 수원지방법원 2018.05.04 2018노120
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant, misunderstanding the facts and misapprehension of the legal principles, caused a traffic accident regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts constituting the crime under paragraph (2) of the judgment of the court below, and the violation of the Road Traffic Act (measures after the accident), and led the police officer to move to the above police officer. Even if the Defendant was out of the scene, the Defendant’s vehicle was at the risk of explosion into the LPG, and left the site to avoid the danger of explosion.

Nevertheless, the defendant suffered injury from the victims, and at the same time, did not take measures such as destroying the victims' vehicles and providing relief to the victims, and escaped as they were.

In light of the above, the judgment of the court below which convicted the defendant of each charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and violation of the Road Traffic Act (or violation of the Act after the accident)

B. Since the Defendant had failed to anticipate the possibility of causing a traffic accident while driving a motor vehicle in a sculphal state due to the sculphon medication, he/she must reduce his/her mental and physical weakness against the Defendant.

Nevertheless, the judgment of the court below was unlawful since Article 10 (3) of the Criminal Act was applied on the premise that the defendant predicted the possibility of traffic accident and applied the same to the crime under the above Paragraph (2) on the premise that he caused the mental and physical weakness.

(c)

The punishment of the court below (two years of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principle on the assertion of mistake of facts and misapprehension of the legal principle 1) "a case where the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the injured person under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means a case where the driver of an accident sustained the injury.

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