logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.02.20 2017노2243
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) As to the crime of violation of road traffic laws (unclaimed measures after an accident), the Defendant was waiting for the police at a place that is not far away from the scene of the accident and made a telephone to H while waiting for the police at a place that is not far away from the accident site, and the Defendant was investigated at the scene of the accident with H as well as at the scene of the accident at the site of the accident. Therefore, there was no criminal intent to escape

② Prior to leaving the scene of an accident, the victim, who caused a prior traffic accident, escaped from the scene of the accident, and the Defendant had already filed a report with the police before leaving the scene of the accident and did not have to file a separate report. However, the Defendant did not need to take measures under Article 54(1) of the Road Traffic Act or was impossible to take measures.

2) On the day of the instant case, the Defendant measured the so-called so-called so-called so-called so-called “breath alcohol” on the part of the Defendant for attempted fraud.

Even though it seems that the numerical value below the punishment standard is measured, there is a false report because the driver's license is suspended due to the given points due to traffic accident, and it is not a false report because it is concerned that the driver's license is not suspended due to drinking driving. Therefore, there was no intention to commit fraud by the accused.

B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of facts and misapprehension of the legal principles - the following circumstances acknowledged by the lower court and the court’s duly adopted and investigated evidence regarding the crime of violation of the Road Traffic Act (i.e., the victim, immediately after the traffic accident caused by the Defendant, would have been sufficiently enough time for the Defendant to provide the victim with his/her personal information (i.e., the victim’s police statement).

arrow