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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2019.05.23 2018노2756
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there was no fact that the Defendant caused a traffic accident such as the statement in the facts charged (hereinafter “instant traffic accident”), due to the instant traffic accident, the victim was injured or the victim was damaged, and there was no fact that the Defendant left the scene of the traffic accident due to the intention of escape.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below's duly adopted and investigated evidence, the defendant can sufficiently recognize the fact that caused the instant traffic accident. Thus, the judgment of the court below convicting the defendant of the facts charged of the instant case that the defendant caused the instant traffic accident and destroyed the victim's vehicle and escaped without damaging the victim's vehicle is just, and there is no error of misconception of facts as alleged by the defendant.

① After the accident, the victim stated that “The Defendant’s vehicle, who was in the top line on the first line, which is the straight line of an intersection, stops in the traffic signal in a consistent and detailed manner from the first investigation agency to the lower court’s trial, was sent to the second line, and was sent to the traffic signal.” At that end, the victim stated that the Defendant’s vehicle, who was in the top line to the left is going to the right straight line, going to the right straight direction of the victim’s vehicle and received the left side of the victim’s vehicle.”

② On the other hand, in relation to the situation at the time of the accident, the Defendant tried to make a stop signal changed from the intersection to the stop signal at the trial of the court below and the trial of the party concerned, and to make a stop immediately after changing the vehicle to the left turn due to the fact that the Defendant tried to prevent the victim from facing the stop signal at the intersection, but is not proper, and during that process, the victim is the victim who is the right-hander in front of the Defendant vehicle.

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