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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.06.16 2015노3730
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the instant traffic accident was a relatively minor accident where the driver of the vehicle and the pentar face, and at the time of the said accident, the Defendant did not recognize the occurrence of the accident, and the victim G and I did not recognize the occurrence of the accident. The instant accident suffered a minor injury, resulting in only physical therapy, and the health was restored.

Therefore, the defendant had no criminal intent to escape, G, I, and the defendant suffered "injury" under the Criminal Act due to the accident in this case.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the appellate court’s duly admitted and investigated evidence, the Defendant’s assertion of mistake is rejected on the ground that: (a) the Defendant was found to have escaped from the scene of the accident without informing the person who caused the accident of whom he/she was aware of, and not having known, who caused the accident, although having caused the traffic accident to G and I, and not taking relief measures; and (b)

(1) The defendant driving a sea-going vehicle and driving a two-lane along a two-lane between the four-lanes, facing the two-lanes, and straighted in the same direction depending on the front wheels and the part of the driver's length.

G Driving received the part of the penter and pentar in the left side of the damaged vehicle.

In light of the location, accident level, and speed of the damaged vehicle and the damaged vehicle recognized by the black image (Ga E) and the vehicle photograph of the accident vehicle, etc., the damaged vehicle and the damaged vehicle are not simply contacted, but they are shocked to the extent that they can be shakened in the damaged vehicle, and they are shocked in the damaged vehicle.

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