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(영문) 청주지방법원 2018.04.19 2017노1354
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles [the violation of the Act on the Aggravated Punishment of Specific Crimes (or the violation of the Road Traffic Act and the traffic law (or the non-accident after an accident)], after having paid the instant accident, the Defendant confirmed the existence and degree of the damage as well as the occurrence of the accident to the victimized bus driver. After about about 10 minutes of the accident site, the Defendant asked the land owner to take the process of dealing with the accident at the place where the accident site appears. The Defendant had the intention to escape

subsection (b) of this section.

In addition, in light of the circumstances where the degree of damage of each vehicle is insignificant and there was no product in the accident scene, there was no traffic risk or obstacle, and thus, there was a duty to take measures to ensure safety against the defendant.

subsection (b) of this section.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court also asserted as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail by explaining the Defendant’s assertion and its decision in a written judgment (as seen above, conduct No. 21 or conduct No. 8 on the 3th page). In line with the records, the lower court’s judgment is just and acceptable (as such, the lower court’s judgment is consistent with the aforementioned judgment, and the fact that the Defendant left the scene of the accident without notifying the victims of his identity or reporting to the police station, etc. and leaves the scene of the accident is clear

subsection (b) of this section.

Therefore, this part of the defendant's argument cannot be accepted.

B. The sentencing of each of the defendants and prosecutors is unfair.

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