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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2019.08.09 2019노216
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles: (a) the Defendant left the scene of the accident to find out the rest of the victim’s vehicle that the victim knew immediately after the accident occurred; and (b) reported the accident to 112 after stopping on the side of the expressway; and (c) notified the expressway patrol team of the fact of the accident in accordance with the guidance. Therefore, the Defendant did not have any intention to commit any action after the accident.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the court below as to the assertion of mistake of facts and misapprehension of legal principles were duly adopted and investigated by the court below, namely, ① the defendant himself stated that he was aware of the occurrence of an accident due to the shock of the shock of the body and the shock of the shock of the body, and ② However, according to the victim’s box image taken by the situation at the time of the accident, the defendant did not make all efforts to stop the vehicle immediately after the accident, such as reducing the speed and changing the course to the outside way, etc., without making any effort to stop the vehicle at a speed. ③ After the accident, the defendant called at 112:4,00 after the lapse of about 40 minutes from the time of the accident, and the defendant called at 12:4,000,000,0000 after the accident occurred, and the defendant appears to have made a statement to the effect that "the defendant still made a statement to the effect that he appears to have been aware of the accident at the location where the accident occurred occurred."

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