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(영문) 청주지방법원 2016.03.31 2015노1345
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the difference between the part of the injury suffered by the victim who was misunderstanding or hearing of the fact and the shock part of the victim's statement, the cargo vehicle and the victim operated by the defendant directly shocked.

It is difficult to see, and even if so, directly shocked.

Even if the defendant thought that the cargo vehicle was stopped on the right side of the running direction and did not recognize that the damage was shocked, the defendant's intention of escape is not recognized.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts or incomplete trial.

B. The sentence of the lower court (an amount of KRW 5,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor applied for amendments to the indictment with the purport that “the left-hand body part” portion of the indictment No. 10 was changed to “the left-hand body part and the left-hand body part” in the indictment No. 10, and the judgment of the court below cannot be maintained any longer due to changes in the subject matter of the judgment by allowing it.

However, regardless of the above reasons for reversal of authority, the defendant's misperception of facts or misperception of hearing is still subject to the judgment of this court.

B. Determination as to the assertion of mistake or failure to deliberate on the facts 1) The phrase “a case where a victim of an accident runs away without taking measures pursuant to Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured, etc.” as provided in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means a case where the driver of an accident does not immediately stop and rescue the injured, and instead leaves the place of the accident and causes the accident without taking measures pursuant to Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured.

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