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(영문) 춘천지방법원 2018.07.27 2018노212
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was not able to directly render relief to the victim because the Defendant had a visual blood transfusion due to the instant traffic accident, and there was no intention of escape.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. The Defendant had no intention to commit the crime of escape in the appellate trial to determine the assertion of mistake of facts

The argument is asserted.

However, in full view of the following circumstances recognized by the evidence duly adopted and examined by the court below, the defendant's intent of escape can be sufficiently recognized.

① The Defendant suffered from the injury of an open wound, etc. around the snow due to the instant traffic accident, and appears to have suffered from blood on the right eye at the time J Hospital was sent back to the hospital.

However, the degree of the blood transfusion does not seem to have been impossible to move the eye of both eyes or to have been impossible to confirm the condition of the victim.

(2) The defendant himself/herself remains in the traffic accident scene of this case for up to 20 minutes.

Even with the assertion of the claimant, the victim did not take such minimum measures as confirming the status of the victim or informing the identity of the victim, and the victim left the traffic accident site by receiving the help of the vehicle that is passing.

B. There is no significant change in circumstances that may be considered favorable to the sentencing of the defendant after the judgment of the court below regarding the unfair argument.

Examining the conditions of sentencing indicated in the records and changes of the instant case, the lower court’s sentence cannot be deemed unfair on account of all the circumstances asserted by the Defendant on the grounds of appeal.

Defendant’s assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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