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(영문) 서울북부지방법원 2016.12.20 2016노1914
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act, among the facts charged in this case, although the Defendant was aware that a traffic accident occurred and did not immediately stop and take measures such as aiding the victims, it erred in the misapprehension of the law that affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended execution in six months of imprisonment, one year of community service, and forty hours of attending a compliance driving lecture) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. A. The summary of the facts charged in the instant case 1) Around 00:10 on June 5, 2015, the Defendant was under the influence of alcohol of 0.141% on blood alcohol level, and the Defendant driven a D X-ray sports car from the front of the Gangnam-gu Office in Seoul, Gangnam-gu to the road located in the 89-ro 13rd of the Gangseo-gu, Gangnam-gu, Seoul to the front of the 342 water basin in the same Dowing-ro 342 degrees. 2) A violation of the Act on the Aggravated Punishment of Specific Crimes (Aggravated Punishment) (Aggravated Punishment of Specific Crimes), a violation of the Road Traffic Act (Aggravated Measures) (Aggravated Punishment of the Road Traffic Act) (Aggravated Punishment Act) and the Defendant is a person engaging in the driving of D

On June 5, 2015, the Defendant driven the above car at around 00:10, and proceeded the shooting distance in front of the above water basin from the shooting distance of the office in Gangnam-gu, Gangnam-gu to the unsured speed.

The Defendant, while under the influence of alcohol, neglected to observe the signal and perform the duty of front-time watch, etc. while driving the above shooting distance on the front side of the driver’s seat of the FF IMb750 car driven by the victim E (Nam, 33 years old) who is driving at the seat of the Gangwon Northern Police Station from the front-dong room, conflict with the front side of the above liquid sports car driving seat.

The Defendant’s negligence in the above business is the victim E and the victim G who was a partner of the passenger car 750.

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