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(영문) 서울중앙지방법원 2016.07.21 2016노1026
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant traffic accident, which is a factual misunderstanding, is a relatively insignificant accident where the front wheels of the damaged vehicle driven by the Defendant’s vehicle and the injured vehicle driven by the victim E, and the Defendant at the time of the instant accident, considered the situation of the victims who were deprived of the vehicle from E, was easy contact with E, and there is no different place to deal with them, and after hearing the horses that they were aware of each other, they will put E into the vehicle where the name and contact point

Since it has left the scene of the accident with left the damaged vehicle, there was no criminal intent for the defendant to escape.

In addition, the victim E and G issued a medical certificate to the effect that each serious injury caused by the instant accident requires two-time medical treatment, and no hospital treatment was provided only once, so the said person suffered "injury" under the Criminal Act due to the instant accident.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is acceptable, on the ground that: (a) the Defendant was found to have escaped from the scene of an accident where the person who caused the accident was not informed of who caused the accident, without taking relief measures, etc. despite having caused each injury to E and G; (b)

(1) The Defendant was placed the front wheels of the damaged vehicle of the E-driving in the signal waiting in the right side of the vehicle while driving a sea-going vehicle and driving a two-lane along the two-lane one lane, while changing the course into the right side of the vehicle.

The damaged vehicle shall be after the accident.

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