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(영문) 대전지방법원 2018.08.16 2018노468
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, after the instant accident, attempted to induce the victimized person to a limited place, did not escape.

However, the court below did not take necessary measures, such as aiding the victim, and escaped.

As such, the judgment of the court below is erroneous and adversely affected the conclusion of the judgment.

B. The punishment of the lower court (one hundred months of imprisonment, two years of suspended execution, and community service order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated evidence, the fact that the Defendant had escaped without taking necessary measures, such as causing injury to the victim due to the instant accident, and immediately stopping the damaged vehicle and providing relief to the victim even if the damaged vehicle was destroyed, can be acknowledged. Therefore, there was no error of misunderstanding the facts as alleged by the Defendant.

① After the instant accident occurred, the Defendant did not immediately stop, but proceeded at a considerable speed from the point where the instant accident occurred to the intersection of the same distance.

After that, the defendant stops on the left-hand turn at the East-distance Intersection (1 lane), and when the victim stops on the side of the defendant's vehicle, the victim's vehicle stops on the opposite side of the defendant's vehicle, making a stop after driving 100 meters away from the opposite vehicle.

② The victim, after the accident, kidddd up a considerable distance by raising a horn in order to catch the Defendant who proceeds from the accident.

In the court of the court below, the victim "at the same distance intersection in Korea, and the defendant left the place next to the court of the court below, but the defendant again left the place without any word.

“The statement was made to the effect that it was “.”

(3) After the driver's license of the victim, the victim shall stop the vehicle while driving the vehicle behind the driver's license of the victim and then stop the vehicle like the defendant's vehicle.

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