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(영문) 대전지방법원 2019.05.02 2018노2908
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal: mistake of facts and unreasonable sentencing;

A. The Defendant, at the time of the instant traffic accident, reported the person (including the victim) who was walking on the front bank at the time of the instant traffic accident, and driven the person as a victim.

피고인이 사람들을 피해 지나가는데 툭 소리는 들었으나 이 사건 교통사고가 발생한 사실은 전혀 몰랐다.

As such, insofar as the Defendant was unaware of the occurrence of the instant traffic accident, it cannot be deemed that the Defendant had a criminal intent to flee.

Therefore, the judgment of the court below which sentenced the defendant guilty on the premise that the defendant had a criminal intention to escape was erroneous.

B. The sentence imposed by the lower court (one year of imprisonment and two years of suspended execution) on the summary of the allegation of unfair sentencing is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below on the Defendant’s assertion of mistake of facts, the judgment of the court below that found the Defendant guilty on the premise that the Defendant recognized the occurrence of the instant traffic accident and committed each of the instant crimes with the intent of escape, is just, and there is no error as claimed by the Defendant.

① 피해자 E는 원심법원에 증인으로 출석하여, ‘눈 깜짝할 사이에 들이박았다. 정신을 잃을 정도의 세기였고, 피고인의 차량이 나무에 부딪쳤는지 그런 것은 전혀 기억이 없다(증인 E에 대한 녹취서 제3쪽)‘, ’나무하고 부딪칠 수는 없다. 사람이 인도 이만쯤에서 걷는데 나무를 부딪칠 수는 없다(증인 E에 대한 녹취서 제5, 6쪽)‘는 취지로 증언하였다.

(2) The victim F shall be present at the court of original judgment as a witness, and the number of departments shall be sound.

The sound that leads to chests is, in turn, a whiteer.

so far, its body will be open so as to prevent them from being open;

As such, the witness F is returned.

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