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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.05.30 2013노995
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) The instant tobacco drilling incident is not caused by the Defendant’s negligence.

Defendant

Vehicles do not have any shock of E dump trucks, and are in domestic affairs.

Even if such minor shocks and the defendant's act of changing lanes does not have a proximate causal relation with the instant chain drilling accident.

Rather, the above accident is due to E’s negligence.

(2) The Defendant could not be aware that the accident occurred due to his fault.

Therefore, the judgment of the court below which convicted the defendant of the above circumstances and all of the measures against the escapeing vehicle and the accident after accident is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts and misapprehension of legal principles, the court below duly adopted and examined the evidence that the defendant was driving a car-type truck and proceeded along the three-lane road, which is the location of the accident in this case, by changing the course to four-lanes in order to pass the intersection without stopping, while the electric signal was going along the three-lane road, which is the location of the accident in this case, into the stop signal, and changed to the course of the above four-lanes. In this process, while proceeding along the four-lane road, the driver's dump truck driver's seat, which is going through the intersection without stopping and passing along the intersection, was driven with the loading of the car-type truck and the lower part of the dump truck with the rear wheel, and was flaged with the lower part of the car-type truck. In order to avoid the collision with the car-type truck, the circumstances leading up to the occurrence of the accident in this case can be acknowledged in light of the aforementioned situation.

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