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(영문) 인천지방법원 2015.10.28 2015노3278
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the situation at the time of the traffic accident induced by the defendant, the defendant was obligated to take measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim.

B. The lower court’s sentence is too unreasonable as the Defendant (e.g., the Defendant’s punishment) is too unreasonable.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. On July 14, 2014, the Defendant, without a driver’s license, driven BMW car (hereinafter “Defendant’s car”) as part of the business without a driver’s license on July 17:45, 2014, and immediately stopped the 971 T.m. line from the south-gu, Incheon, south-gu, to the two-lane line while driving along the three-lane line from the 4-lane off to the 3-lane, and attempted to flee without taking necessary measures, such as providing relief to the injured party C (56 years old) (hereinafter “damage taxi”) with two-lane due to occupational negligence.

B. The Defendant’s defense victim was not in need of relief measures since he was not injured due to traffic accidents.

C. (1) In order to recognize that there was no need to take measures such as aiding and abetting victims, the victim actively expressed that relief measures need not be taken.

The circumstances that do not require any other emergency measures should be objectively and clearly revealed at the time immediately after the accident. However, there was no need to do so on the sole ground that there was no big inconvenience in the victim's movement after the accident, there was no significant external appearance, and the degree of damage was proven relatively minor.

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