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(영문) 서울고등법원 2018.05.03 2017노1910
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Defendant 1) The summary of the grounds for appeal is as follows: (a) misunderstanding the facts concerning the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and misunderstanding the legal principles thereof; (b) misunderstanding the victim’s outbreak of the accident in this case; and (c) misunderstanding the victim’s appearance of the accident in this case; and (d) the victim’s superior position can be assessed to be the same as naturally cured. As such, the victim’s right-hand st

The court below recognized that the victim was injured by mistake or misunderstanding the legal principles on injury to the crime in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which affected the conclusion of the judgment.

2) In light of the fact that a criminal defendant, who was found guilty of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, was disqualified from running a taxi due to revocation of his/her driver's license and license for private taxi transport business, and that the defendant suffered enormous economic and mental pain, the sentence of the lower court (one million won in punishment) is too unreasonable.

1) The Prosecutor’s misunderstanding of the facts as to the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the misapprehension of the legal doctrine by misapprehending the necessity of relief measures and intent of the Defendant to escape, or by misapprehending the legal principles as to the vehicles that escape.

2) In light of the fact that the Defendant was engaged in a professional driving, but did not take relief measures, the Defendant’s attitude to transfer his responsibility to the victim at the time of the accident, even though there was no reason to return the traffic accident, and that there was no serious reflect on the crime, the lower court’s punishment (one million won) is too unfeasible.

Judgment

1) Under the premise of judgment, criminal trial proceedings conducted in the form of a citizen participatory trial introduced to enhance democratic legitimacy and trust of the judiciary are in form through strict selection procedures.

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