logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.02.21 2017노1093
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by misunderstanding the facts and misapprehension of the legal principles (domination award), the Defendant was well aware of the victim, requested the transfer of the victim to the hospital, and the need for money due to hospital expenses, etc., and made an attempt to pay the actual medical expenses.

Therefore, there is a criminal intent to escape to the defendant.

subsection (b) of this section.

Nevertheless, the judgment of the court below which found the defendant guilty on this part is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine is based on the evidence duly admitted and investigated, namely, the following circumstances: (i) there was a special personal relationship or trust between the vehicle passengers and the Defendant at the time of the victim, etc.

In light of the following: (a) the Defendant could not be seen as having been aware of the accurate personal information of the Defendant; (b) the Defendant, even though he was directly involved in a traffic accident, left the scene at will with the victim after the accident, or left the scene without leaving the scene of the accident; (c) the Defendant went away from the accommodation where he was living after the accident; (b) the Defendant was present at the police station; and (c) was arrested and was arrested without taking measures such as informing the police of his whereabouts; and (c) the Defendant

On the other hand, this part of the defendant's assertion is without merit, since the defendant's act, such as finding the hospital in which the victim was hospitalized after the accident, or because the main reason of escape is discovered to be illegal sojourners, may be inferred.

B. The driver is in the process of determining the unfair argument of sentencing.

arrow