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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.12.04 2015노4194
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, at the time of the instant case, went away from the scene without knowing the shocking fact of the victim, the Defendant has no intention to commit an escape.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution for one year of imprisonment, and forty hours of an order to attend a course) is too unreasonable.

2. Determination

A. The following circumstances revealed by the court below in light of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the defendant was passing through the crosswalk while driving the defendant vehicle at the date and place stated in the facts constituting the crime in the judgment below, and the two pedestrians had already passed before entering the crosswalk, and ② the defendant was shocked with the part front of the defendant vehicle's right side side side side side side side side side side side side side side side side side of the victim who was standing the crosswalk, and thereby, the victim was over the ground, and ③ the defendant stated by the investigative agency that "the defendant was shotd in front of the vehicle at the time of the accident. At the time, the same person was able to see him and her as his son at the time of the accident." Thus, the defendant and his defense counsel's assertion of mistake of facts is not accepted.

B. Although the judgment on the assertion of unreasonable sentencing is recognized as favorable to the defendant, such as the fact that the defendant is the primary offender, the vehicle of the defendant is covered by a comprehensive insurance policy, the crime of this case is deemed to have escaped after the defendant shocked the victim at the crosswalk and the nature of the crime is significant, and the defendant has not taken any particular measures to recover from damage even though the victim suffered serious injury, and the punishment of this case is indicated in the instant case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime.

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