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(영문) 광주지방법원 2017.10.17 2017노541
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the point of the escape vehicle of Defendant A by mistake of fact, the defendant does not have the criminal intent of escape, since the victim was unaware of the fact that the victim had affixed to the wheels of the defendant's vehicle and left the scene of the accident.

B. Each sentence of the lower court against the illegal Defendants is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake, the Defendant’s assertion of mistake is rejected on the ground that: (a) the victim was pushed a victim with a vehicle in the course of the accident; and (b) the victim was exposed to the vehicle; and (c) the Defendant was recognized to have left the scene of the accident without any measure even though he was aware of the accident.

① The victim made a statement at the investigative agency three times, and later, the victim was sleeping about the slick part of the slick part, and the victim was slicked in the future, and the victim was slicked with the wheels of the vehicle in the process.

The credibility of statements is high in a concrete and consistent manner.

② As above, the Defendant was stopping several seconds at the front of the vehicle with the victim’s outbreak, and the Defendant was forced to walk the victim’s walk while playing, leaving the vehicle door of the Defendant, and making a request to the Defendant to cut off and reduce the vehicle, the Defendant left the vehicle, resulting in the Defendant getting out of the victim, and immediately thereafter, the Defendant was given a fine to the victim.

I am the speech.

In light of these circumstances, the defendant seems to have been aware that at the time a victim was injured due to the defendant's vehicle.

(3) In regard to this, the Defendant’s immediately before the Defendant’s victim, commits the act of the victim.

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