(영문) 인천지방법원 2018.05.09 2017노4627 | 리걸엔진

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(영문) 인천지방법원 2018.05.09 2017노4627

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or misapprehension of legal principles 1) Violation of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016; hereinafter the same shall apply). This part of the facts charged is to be applied to the former Road Traffic Act (amended by Act No. 14356, Jun. 3, 2017; hereinafter the same shall apply). The Defendant directly reported 119 immediately after the instant accident, and the victim went away from the scene of the accident after the instant accident. In light of the degree of damage caused by the ozone, the size of by-products and the degree of traffic interference, the possibility of actual traffic flow, etc., the Defendant was required to take measures to ensure smooth traffic by preventing and removing traffic hazards and obstacles at the time of leaving the site.

It is difficult to see it.

2) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) (hereinafter “Aggravated Punishment, etc.”) ① When considering the following facts: (a) the Defendant immediately stops immediately after the instant accident; (b) reported directly to the Defendant 119; (c) the Defendant arrived at the scene of the accident; and (c) the Defendant was informed of the name and telephone number of the Defendant to the 119 first aid crew members; and (d) the Defendant escaped without taking necessary measures, such as aiding the victim.

It is difficult to see it.

In addition, according to the above circumstances: (a) the Defendant remains at the scene for at least 15 minutes immediately after the instant accident; (b) examined the victim with his wife; and (c) attempted to take the victim under the bottom of the Otoba; and (d) taking into account the fact that the 119 first aid crew taken the scene of the accident and the vehicle driven by the Defendant was registered in the name of the Defendant, the Defendant had the intent to escape.

It is also difficult to see it.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination of the misapprehension of the legal principles or mistake of facts is made.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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