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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.04.17 2019노6156
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is difficult to see that the victims of misunderstanding of facts or misunderstanding of legal principles sustained injuries by the accident in the instant case, and that there was a need to rescue the victims at the time of the instant accident, or to prevent and eliminate traffic risks and obstacles, because the victims of misunderstanding of facts or misunderstanding of legal principles did not suffer injuries by the accident in the instant case. Even if there was a need for domestic affairs, the Defendant took all necessary measures at the time of the instant accident, such as checking and

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, 40 hours of attending the compliance driving lecture, 120 hours of community service work) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, the defendant argued that he was not guilty of the whole facts charged in this case, and the court below rejected the defendant's assertion on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. In full view of the evidence adopted by the court below, it is just to find the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes) on the ground of the reasons stated by the court below, and there is no error of misunderstanding of facts or misunderstanding of legal principles. 2) In full view of the evidence adopted by the court below on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes) as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes).

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