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(영문) 광주지방법원 2018.07.03 2017노4740
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① The Defendant did not cause a traffic accident involving a victim while driving a car.

(2) Even if the Defendant driven a passenger car, he was the victim.

Even if the defendant did not recognize the fact that he caused the above traffic accident.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of one year and six months, the suspension of execution of three years, the community service of 120 hours and the lecture of compliance driving of 40 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances, which can be acknowledged by the evidence duly adopted and investigated, the lower court determined as to the assertion that the Defendant did not cause a traffic accident (i.e., determination as to the assertion of mistake of facts) and the lower court’s determination as to the assertion that the Defendant suffered a bodily injury due to an occupational negligence as stated in the lower judgment, it can be sufficiently recognized that

The judgment was rendered.

① The victim stated in the police, the prosecutor’s office, and the court of the lower court that “a vehicle behind a bus was faced with the victim’s left side her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

② A report on the occurrence of the instant traffic accident was made by the court of the court of the original instance, which led the victim to throw away from the accident site to her.

“.....”

The I's statements are consistent with the victim's statements.

(3) Vehicles passing through the accident scene from the rock to the office of the passenger-Eup/Myeon between the time when the victim gets off from L buses until the time of the traffic accident shall be only only the automobiles as indicated in the original judgment of the court below.

④ 피고인은 이 사건 교통사고 당시 판시 승용차 안에서 ‘ 쿵’ 소리를 들었다.

(5) A victim.

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