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(영문) 서울중앙지방법원 2020.10.30 2020노1273
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim cannot be deemed to have suffered injury under the Criminal Act due to the instant accident, and there is no need for relief from the victim.

Therefore, even though the charge of bodily injury resulting from escape should be pronounced not guilty, the lower court erred by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant denied this part of the facts charged while asserting the same purport in the lower court’s judgment, but the lower court found the Defendant guilty of this part of the facts charged on the grounds of the reasons, etc. stated in Articles 4 through 6 of the lower judgment.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just, since it is sufficient to assess the injury inflicted on the victim due to the accident in this case as an injury under the Criminal Act and the necessity of relief measures is recognized.

Therefore, the defendant's assertion of legal principles is without merit.

① The instant accident takes place on the one-way road by the Defendant.

A victim's arms on one road shocked with a vehicle, and due to an accident, the Defendant was forced to unfold the vehicle from the vehicle, and the victim was driving the vehicle without disregarding this report, and was off the site.

② 피해자는 사고 이틀 뒤에 경찰서에 방문하여 교통사고 신고를 하였는데 그때부터 차량에 상체를 부딪쳐 몸이 돌아갈 정도의 충격을 받았다고 진술하였고, 피고인과 L도 피해자와 부딪치면서 툭하고 뭔가를 치는 소리가 났다고 진술한 바 있으며,...

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