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(영문) 대전지방법원 2017.04.19 2017노469
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not recognize the fact that he had caused an accident involving the victim F who was under way on the road at the time of the accident, and thereafter became aware of it through CCTV images, and there was no intention to escape.

Even so, the court below held that the defendant had the intention to flee.

Based on the judgment of the court below, guilty of the facts charged in this case is recognized. In so doing, the court below erred by mistake of fact.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted that the Defendant did not have the intention of escape, as the grounds for appeal, as well as the grounds for appeal.

In regard to this, the court below convicted the defendant on the facts charged of this case on the ground that it can be sufficiently recognized that the defendant had failed to take necessary measures, even though he did not have been aware of the occurrence of the accident in this case, in light of the following circumstances: the defendant's vehicle caused an accident to reverse the part of the victim's left side, such as a bridge, etc., and the shoulder part; the degree of shock that the defendant's vehicle, the driver of the accident in this case, the reason why the person who reported the accident in this case, became aware of the accident in this case for the first time, the defendant himself, was suffering from the shock of the vehicle at the time of the accident in this case; and the defendant was tried for other cases.

2) A thorough examination of the records of this case’s deliberation in light of the evidence reveals that the court below’s action that found the Defendant guilty of the facts charged of this case on the basis of the above evidence judgment is justified. Thus, there is an error of law by misunderstanding facts as pointed out by the Defendant, which affected the conclusion of the judgment.

It does not seem that it does not appear.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

(b).

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