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(영문) 부산지방법원 2016.04.29 2015노4662
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles as to mistake of facts and misapprehension of legal principles, although the defendant had moved to the scene of an accident with the consent of the victims in order not to impede the progress of another vehicle, there was an error of finding the defendant guilty, by misapprehending the legal principles, even though the victims could have verified the identity of the defendant by photographing the vehicle number of the defendant in a mobile phone camera, and there was no intention to escape and to take measures to rescue victims, etc.

B. The sentence sentenced by the court below to the defendant (two years of the suspended sentence of imprisonment with prison labor for eight months) is too unreasonable.

2. Determination

A. The following circumstances, which were acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim D’s attempt to deduct the vehicle from the Defendant. However, although there was a clear place on the side in the side side, it was 5 seconds that she left 20 meters since she stopped on the side.

The Defendant testified as “the victim,” and the Defendant also recognized the fact that the victim had moved the vehicle again with the knowledge that it was not followed by the vehicle, and the Defendant appears to have the same attitude as the victim would move and move the vehicle to a close place. The Defendant appears to have left the vehicle at a distance from the scene of the accident, and the victims agreed to the moving of the vehicle.

It is difficult to see that even if there was the consent, it was about the movement of the vehicle to the nearest location that the victims can confirm, and it cannot be viewed that there was a consent to the movement of the vehicle, and it cannot be viewed that there was a consent to the leaving of the vehicle at such a distance.

It is difficult to see;

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