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(영문) 인천지방법원 2016.06.15 2016노674
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant accident, the Defendant was unable to fully recognize the collision with the damaged vehicle, and the Defendant had no intention to flee.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake, namely, it appears that the damaged vehicle at the time of the instant accident might have been shocked and shocked to the extent that the driver could recognize, such as the left side of the said vehicle and the fall away, and immediately after the instant accident, the Defendant also left the scene of the accident at a rapid speed, while recognizing that at the time of the instant accident, the Defendant was aware that at the time of the instant accident, the Defendant was either injured the victim of the accident or was able to have damaged the damaged vehicle, and that it was acknowledged that the Defendant was relieved from the scene of the accident at the time of the instant accident.

Therefore, the court below is just in finding the defendant guilty of each charges of this case, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of

subsection (b) of this section.

B. There is no change of circumstances to consider the sentencing after the judgment of the court below on the unfair argument of sentencing, and considering the conditions of sentencing as shown in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, considering the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is too unreasonable

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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