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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2016.08.26 2016노138
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. In fact, the Defendant, by misapprehending the legal doctrine, knew that he himself is a driver and did not speak until he went to the police station, left the scene of the accident and went to the convenience shop near the bridge, and went to the police station upon contact with H.

Considering that the act of the defendant is the act of the defendant, the fact of leaving the scene can be fully recognized.

The judgment of the court below which acquitted the defendant on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) is erroneous or erroneous.

B. The sentence of the lower court’s improper sentencing is somewhat minor.

2. Determination

A. According to the evidence duly examined and adopted by the lower court on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant was found to have not disclosed that he was a driver at the time of the accident, but the police went back to around 00:30 on June 30, 2015 to another passenger and a convenience store in the vicinity of the scene of the accident, but was temporarily moved to the police station around 00:50, while getting on and off the taxi, the Defendant was aware that he was a driver and received the investigation.

It is difficult to evaluate that the defendant has temporarily moved to a nearby convenience store in the accident site, leaving the accident site completely.

B. In light of the circumstance and content of the accident recognized by the evidence duly examined and adopted by ASEAN, the victim’s degree and degree of injury, the degree of negligence of the defendant, the age and gender of the driver of the accident and the victim, and the circumstances after the accident, there was a criminal intent to escape to the defendant.

It is also difficult to see it.

The court below is just in holding that the defendant's accident scene denies the defendant's intention to escape or the criminal intent to escape and not guilty of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles) on the Aggravated Punishment, etc. of Specific Crimes, and it is erroneous in the

It is difficult to see it.

(b).

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