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(영문) 대구지방법원 2017.08.10 2017노1108
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where the victims of the instant accident caused by mistake of fact, annoyed situation, to the extent that it cannot be assessed as an injury under the Criminal Act, shall be deemed that there is no need to treat the victims as an agent. Therefore, there was a need to take measures, such as aiding the victims at the time of the instant accident.

As it cannot be seen, the crime of escape vehicles should be pronounced not guilty.

Nevertheless, the judgment of the court below that convicted all the facts charged is erroneous and adversely affected by the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The following facts are considered based on the evidence duly adopted and examined by the court below and the results of inquiries into the facts of the Gyeongbuk University Hospital. In other words, the victim F and E were treated as an emergency room of the University Hospital on June 19, 2016, which is the date of the instant accident. At the time, the victim F complained of the medical personnel of the above hospital “hum, right kne, right kne, right kbbbbbbbbbbs, and pelbbbs,” the victim E complained of “hum, right kne, right kne, right kbbbbbbbbs, and pelbbs,” and the victim E complained of “the victim’s medical personnel of the above hospital,” and the victim F and E need not be evaluated as having been subject to treatment of the victim’s injury under Article 7(1) of the Criminal Act due to the following reasons:

On the other hand, as the victims suffered from the accident of this case, the victims need a stable medical treatment for about one week.

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