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(영문) 인천지방법원 2018.12.12 2018노3292
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding or misunderstanding of the legal principles [the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the escapeing vehicle] submitted a written statement to the effect that although the victim was hospitalized at a hospital once in the trial in order to issue an ordinary procedure and a medical certificate, the damage does not require any additional medical treatment or treatment after the accident, and thus, it does not require any special treatment until now after the accident.] In light of the above, the injury suffered by the victim due to the accident in this case does not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the escape vehicle) on the Aggravated Punishment, etc. of Specific Crimes because it is minor

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. In light of the following circumstances that can be recognized by comprehensively taking into account the evidence duly adopted and examined by the court below and the court below on the assertion of misunderstanding of facts or the legal principles, annoying, to the extent that the injured party’s injury cannot be evaluated as “injury” under Article 257(1) of the Criminal Act, is difficult to view that annoying, to the extent that it is not necessary to treat, and therefore, this part of the Defendant’s assertion is without merit.

① The instant accident appears to have been shocked by the Defendant’s front part of the Defendant’s vehicle’s front part by entering the intersection of red signals and shocking the part behind the driver’s seat of the victim vehicle who was in a direct progress under normal signals, and the shock at the time of the accident was not small.

② On April 4, 2018, the date following the instant accident, the injured party, at the I Extraordinary Department, provides approximately two weeks’ medical treatment in light of the light fluoral coordinate and the fluoral coordinate, and the two fluoral coordinate.

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