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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2016.08.18 2016노572
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After the occurrence of the instant accident, the Defendant is minor after checking the degree of damage suffered by the victim, immediately after the occurrence of the instant accident.

Based on the judgment of the court, the defendant did not take necessary measures or had the criminal intent to escape because the personal information of the victim was stated in his set and left the scene.

Although it cannot be seen, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of a fine of KRW 5 million sentenced by the court below which was unfair in sentencing is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of the fact 1) The phrase "when the driver of the accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the injured person, etc." as prescribed by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of the accident does not take measures under Article 54 (1) of the Road Traffic Act, despite his knowledge of the fact that the injured person was injured by the accident and brings about a situation where it is impossible to determine who caused the accident as to who caused the accident by leaving the accident place. Thus, the phrase "measures under Article 54 (1) of the Road Traffic Act" includes revealing the identity of the injured person, such as the injured person or the police officer.

However, in light of the legislative intent and legal interests and protection of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, in determining whether a driver of an accident escaped from the scene of an accident with the criminal intent of escape before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, the determination shall be made reasonably by comprehensively taking into account the following: (a) details and details of the accident; (b) the victim’s injury level and degree; (c) the degree of negligence of the driver of the accident and the driver’s age and gender; and

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