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(영문) 서울서부지방법원 2016.01.29 2015노1674
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant accident, the Defendant did not recognize the shocking of the damaged vehicle due to the misunderstanding of the facts or the misapprehension of the legal doctrine, because he was driving with a great sound of music.

In addition, in light of the circumstances where the victims have not received any particular treatment after the accident of this case and without any interference with their daily lives, the victims' situations caused by the accident of this case are extremely insignificant and thus their health status was infringed.

Thus, the victims suffered injuries due to the accident of this case.

shall not be effective.

For the above reasons, although the defendant should be acquitted on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles), the court below found the defendant guilty of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal principles

B. The sentence of the lower court’s unfair sentencing (one year of suspended execution in six months of imprisonment and 40 hours of lecture attendance order for compliance driving) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant also argued to the same effect as the grounds for appeal in the lower court. The lower court held that the instant accident was an accident where the Defendant, while driving a vehicle on the 2nd line of the 4nd line of the road, caused the same direction 3rd line of the damaged vehicle due to the Defendant’s mistake in driving the vehicle on the 4nd line of the 4nd line without looking at well the right side and the right side of the 3rd line of the 3rd line of the 5rd line of the 5rd line of the 5rd line of the 5rd line of the 4rd line of the 5rd line of the 4rd line of the 5rd line of the 4rd line of the 5rd line of the 5rd line of the 5rd vehicle.

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