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(영문) 서울중앙지방법원 2017.08.10 2017노947
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence in October) is too unreasonable.

Judgment

Application of the sentencing guidelines [Scope of Recommendation] In the event of minor injury (including efforts to recover damage) in the mitigated area (six months to one year) (special mitigation (special mitigation)] after traffic accidents, the defense counsel of the defendant contributed to the occurrence of the accident by negligence, such as the victim's violation of the signal signal, etc.

The argument is asserted.

However, the injured party, while waiting for a mixed signal at an investigative agency, started first in violation of the signal that the accused frightened and the accused frightened on the idea that he would not drink alcohol.

The statement (Evidence No. 16 pages), the vehicle driven by the defendant also violated the signal immediately and the vehicle driven by the defendant, and the victim changed the vehicle from the two lanes to the one lane, and the vehicle driven by the defendant changed the vehicle to the one lane, the vehicle driven by the defendant also changed to the one lane, and the situation of the violation of the signal of this case and the accident is comprehensively taken into account the following: (Evidence No. 25 of the Evidence Record).

Even if the negligence contributed to the occurrence of the accident,

It is difficult to see it.

Therefore, this part of the defendant's assertion is rejected.

/ The crime of this case is committed when the illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Act on the Special Cases of the School Traffic is serious, or when driving a motor vehicle in distress, the crime of this case is committed by the defendant, while driving a motor vehicle, by leaving the back part of the damaged gate, which was driven by the defendant into the front part of the defendant's vehicle and causing injury to the victim requiring approximately two weeks medical treatment, and without taking necessary measures, such as immediately stopping and saving the damaged person, even if the above gate is damaged, and the crime is not good, and the defendant runs away without any necessary measures, such as extinguishing the damaged person.

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