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(영문) 수원지방법원 2017.11.10 2017노5709
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that: (a) the Defendant confirmed the victim’s condition immediately after the accident; (b) the witness I am to the 119 reported by another witness; (c) the witness still reported the Defendant; and (d) there was no resistance in the course of leading the witness to the scene of the accident at the crosswalk somewhat away from the scene of the accident; and (d) the Defendant left the scene of the accident with the criminal intent to escape.

It is difficult to readily conclude.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

2) The Defendant committed each of the instant crimes under the condition of physical and mental loss or mental weakness by drinking mental disorder.

3) The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. “Cases where a victim of an accident runs away without taking measures as prescribed by Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases”) refers to cases where the driver of an accident runs away from the scene of the accident before performing his/her duty as prescribed by Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, even though the victim was aware of the fact that the victim was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident.

The purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on roads. In this case, measures to be taken by drivers are accidents.

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