(영문) 창원지방법원 2018.01.18 2017노3091 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.01.18 2017노3091

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was unaware of the occurrence of an accident at the time of the instant case.

2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

B. According to the evidence submitted by a prosecutor 1), the fact that the victim suffered injury as stated in the facts charged can be acknowledged due to traffic accidents that occur between the Defendant and the victim.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of the facts, the Defendant’s vehicle and accident of the victim (hereinafter “instant traffic accident”) occurred while returning the victim’s vehicle back to the lane again, and the Defendant continued to stop the vehicle even though the instant traffic accident occurred, and the victim concealed approximately 10 km of the Defendant’s vehicle, and the Defendant’s vehicle was damaged to the extent that the repair cost of KRW 886,918 is necessary due to the instant traffic accident. In full view of this, the Defendant recognized the fact that the Defendant was aware of the occurrence of the instant traffic accident at the time.

It is reasonable to view it.

Therefore, the court below's finding the Defendant guilty of the violation of the Road Traffic Act (the post-accidents) among the facts charged in this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and therefore, the above assertion by the Defendant is without merit.

B. As to the prosecutor’s assertion of mistake of the facts, the lower court, on the grounds stated in its reasoning, held that the victim suffered “injury” as required by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the instant traffic accident

It is difficult to recognize

The court below determined the evidence duly adopted and examined in light of the record.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

유사 판례

-의정부지방법원 2016.06.02 2016노377

-대전지방법원 2016.06.01 2015노4052

-춘천지방법원 강릉지원 2018.08.23 2018노131

-부산지방법원 2021.01.08 2020노1717

-대구고등법원 2018.06.28 2018노92