logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.14 2017노797
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds of appeal are examined as to the submission period for the summary of the grounds of appeal and the supporting period for the reasons of appeal submitted, within the scope of supplement in case of a statement of reasons for appeal;

A. The lower court found the Defendant guilty of all the charges of this case, on the ground that the lower court erred by misapprehending the legal doctrine as to mistake of facts or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and thereby adversely affecting the conclusion of the judgment, although it did not require relief measures against the victims at the time of the instant case.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and legal principles, the lower court determined that the Defendant was guilty of committing the instant crime, in light of the following: (a) the developments and degree of the instant traffic accident; (b) road conditions at the time; (c) the victim’s injury level and degree; (d) the age of the Defendant and the victims; (e) the Defendant’s behavior at the time of the Defendant’s death (in the vehicle, whether the victims were fine; (e) whether the victims were fine; and (e) whether the victims were aware of their personal information; and (g) the Defendant left the site without contact with the insurance company; and (e) it appears that the Defendant

The decision was determined.

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

Therefore, the above-mentioned.

arrow