logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.07.20 2017노249
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victim suffered bodily injury due to misunderstanding of facts and misunderstanding of legal principles

not, even if the injured person suffered injury, the injured person suffered injury.

Even if the defendant did not recognize the above injury, the intention of escape cannot be recognized.

Therefore, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.

In addition, there is no fact that the accident in the instant case did not spawn on the road, and there is no fact that there was an obstacle to the operation of other vehicles, such as the occurrence of static phenomenon of vehicles, etc., and thus, there is no crime of violation of the Road Traffic Act (measures after the accident).

Nevertheless, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, which found all of the facts charged in this case guilty.

2) The sentence sentenced by the court below (one year of imprisonment with prison labor, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, we examine whether the occurrence of an injury to the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) can be recognized first of all.

원심이 적법하게 채택하여 조사한 증거를 종합하여 인정되는 다음과 같은 사정, 즉 ① 피고인 운전 차량이 신호 대기로 정차해 있는 피해 차량을 뒤에서 들이받아 피해 차량의 뒷 범퍼가 앞쪽으로 밀리면서 틈이 벌어지는 충격을 받은 점, ② 피해자가 원심 법정에서 사고 당시 “ 쾅” 소리가 났고, 고개가 뒤로 갔다가 앞으로 넘어왔으며, 차에서 내리니 손이 덜덜 떨렸고, 어지럽거나 속이 울렁거리는 증상도 있었다고

The statement, 3. The victim is involved in the accident.

arrow