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(영문) 수원지방법원 2017.07.19 2016노5145
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles or misunderstanding of the defendant caused a single accident by putting the phone of the insurance company after a traffic accident.

In full view of the fact that there was sufficient motive for the Defendant to escape from drinking, such as hiding the fact of drinking at the time, etc., the Defendant may be fully convicted of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and violation of the Road Traffic Act (the measures not yet taken after the accident).

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts or misunderstanding legal principles.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Determination as to the assertion of mistake of facts or misunderstanding of legal principles

A. The gist of this part of the facts charged is that the Defendant is a person engaging in driving a DNA car.

On February 5, 2016, the Defendant driven the said car under the influence of alcohol content of 0.161% in blood around 01:30, and led the Defendant to drive the said car before the floor under the jurisdiction of the local Eup/Myeon at the time of harmony, along the direction from the direction towards IC.

At the time, there were nights, and there was an intersection where signal lights are installed in the front door, so there was a duty of care to safely drive on the front door left and right by the driver.

Nevertheless, the defendant, by negligence while under the influence of alcohol as above, was driven by the defendant while neglecting it, and the victim E (e.g., 52 years old) who was standing in the signal atmosphere from the front side of the defendant, was driven by the back side of the driver's car at the Fle-si driving by the defendant as the front side of the driver's car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time, even if the victim’s car was damaged by repair costs equivalent to KRW 20,421,79, it is necessary to immediately stop and rescue the damaged person.

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