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(영문) 대전지방법원 2017.01.25 2016노289
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of a misunderstanding of the facts and legal principles, the Defendant did not recognize the shocking fact at the time of an accident. Since the instant accident was an excessive minor accident as seen in the future, there is doubt as to whether the victims who boarded a damaged vehicle could be assessed as “injury” under the Criminal Act.

B. The sentence of the lower court’s unfair sentencing (a two-year suspension of the execution of imprisonment for six months, an order to attend a law-abiding driving lecture for forty hours, an order to provide community service for eight hours) is too unreasonable.

2. Determination

A. In other words, the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of misunderstanding of facts and legal principles, namely, ① the Defendant: (a) was unable to know that the Defendant was able to talk with his her fluor at the time when the accident site was passed, and the Defendant was fluor at the time when she talked with fluor and talked with his her fluor; (b) the Defendant was fluor at the time when she talked with fluor, but did not know that she was fluor at the outside or fluor inside the vehicle;

At the time of the accident, the difference between the driver and the side of the vehicle are the same, and the other party did not know the other party's vehicle, and if the other party's vehicle is a black image, the other party would confirm the image and contact.

After 3 days from the accident, the Defendant stated to the effect that it was “the exchange and repair of the entire Q industry company” (No. 49-54 of the investigation record) that it would have impact on the damaged vehicle at the time of the Defendant’s transfer accident.

agency may have sufficiently known, or could have sufficiently known, that

(2) The contents of the victim F, G, H, and I's medical certificate and the repair estimate of the damaged vehicle, the photographic image of the damaged vehicle (69 pages of investigation records), the victims' suffering from pharmacologic and physical therapy, and the results of inquiry into facts in the trial.

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