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(영문) 의정부지방법원 2015.03.27 2014노2583
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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. The judgment of the court below that acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act, among the facts charged in this case, although the Defendant was aware that a traffic accident occurred and did not immediately stop and take measures such as aiding the victims, it erred in the misapprehension of the law that affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (two years of suspended execution in August, and forty hours of law-abiding driving lectures) is too unjustifiable and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case 1) The Defendant is a person who is engaged in driving of CPoter freight vehicles on January 23, 2014. On January 23, 2014, the Defendant started the said cargo vehicle parked in a two-lane of the two-lane road between the two-lanes in front of the Hayang-dong, Young-gu, Koyang-gu, Koyang-si, the National Bank Traffic Hayang-gu, and the two-lanes in front of the two-lane road, and changed the course into one-lane. In such a case, the driver of the instant vehicle has a duty of care to check whether there is another vehicle running along the one-lane road, which is the direction of changing the lane through the rear death, and to prevent the occurrence of an occupational accident by driving the vehicle in advance, such as changing the course only when it is unlikely to obstruct the passage of the vehicle. However, the Defendant neglected this, without having been negligent in driving the vehicle and the two-lane road due to the negligence of the victim (hereinafter referred to as the victim).

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