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(영문) 서울고등법원 2018.11.08 2017노3707
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, such as mistake of facts (the part not guilty), the court below acquitted the Defendant of this part of the facts charged on the ground that the Defendant did not take relief measures against the victims after the instant traffic accident, and could sufficiently recognize the fact that the Defendant left the scene of the accident by neglecting his/her duty to confirm identity, but the Defendant is not recognized as a criminal intent to escape. The court below erred in the misapprehension of legal principles, misunderstanding of facts, and

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination as to the assertion, such as mistake of facts

A. The summary of the facts charged in the instant case is a person engaging in driving of E-si.

On March 29, 2017, the Defendant driven the above car at around 10:30, and driven the road 2744 in the south-gu Seoul Southern-ro, Gangnam-gu, Seoul, and the road in front of the exit of each salary basin 3 times in the width of each salary basin, along the three-lanes of each salary tunnel, from the boundary of each salary basin to the shooting distance of each salary tunnel.

In such cases, there was a duty of care to prevent accidents, such as taking a person engaged in driving a motor vehicle into account the front, rear, left, and well, accurately operating the brake and steering gear, etc.

Nevertheless, the Defendant neglected to do so on the front side of the passenger vehicle operated by the Victim F (F) who was driven by the Defendant as the front part of the passenger vehicle operated by the Defendant F (F, F, 38 years of age) due to its shocking the back part of the passenger vehicle operated by the Defendant to the front part of the passenger vehicle operated by the Defendant, which led the said franchise to the front part of the passenger vehicle operated by the victim H (64 years of age) who was driven by the victim H (P) beyond the central line, with the front part of the passenger vehicle driven by the said passenger vehicle. The lower part of the back part of the IW vehicle driven by the victim H(64 years of age) is shocked into the front part of the left part of the said franchise vehicle. The victim JJ (F, 65 years of age) who continued to proceed directly at the left part of the said passenger vehicle.

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