logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.12.19 2018노5297
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of mistake of fact, did not reverse the victim’s appearance with a vehicle, and the victim was not injured due to a traffic accident, and the Defendant did not have any intention to flee.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the assertion of mistake of fact: ① The victim, in the investigative agency and the court of the lower court, “at the time, the vehicle of the Defendant was sent to his own left side, and so on, the Defendant was forced to dys the pain.”

After the phrase "afinite", a vehicle was laid off.

On the day of the instant case, the hospital was provided with medical treatment for two weeks, and the hospital was provided with physical treatment at home on the day of the instant case. ② In fact, the victim was diagnosed by a doctor H on January 30, 2018 (the page 21 of the evidence record), ③ The victim was faced with the front side of the Defendant’s vehicle, and the victim was faced with the front side of the Defendant’s vehicle, and the victim was in contact with the victim, and even if the victim was in a situation where the victim continued to have been placed, it is confirmed that the Defendant was driving the vehicle and leaving the site (the time of regeneration: 05:50 to 08:30). In full view of the fact that the victim was aware that the victim was injured due to the instant traffic accident and did not take emergency measures as stipulated in Article 54(1) of the Road Traffic Act on the road site and on the road.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and the above assertion by the defendant is without merit.

B. The victim’s injury to the determination of the unfair argument of sentencing.

arrow