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(영문) 의정부지방법원 2016.05.19 2015노2670
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case by misunderstanding the facts or misapprehending the legal principles, the Defendant continued to operate the instant traffic accident without recognizing the occurrence of the traffic accident, and thus, the Defendant did not have an intention of escape. Even if the Defendant knew of the occurrence of the said traffic accident, the Defendant was aware of the occurrence of the said traffic accident

Even if the victims of the above traffic accident suffered injury to the extent that relief measures are required under the Road Traffic Act, or safety measures have been required to prevent and eliminate traffic hazards and obstacles.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. In the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the trial at the trial of the party, the ex officio decision prosecutor deleted the part of the "an injury that requires absolute stability due to the risk of assistance in child delivery and the risk of fetus death" from the part against the victim F (FF) who was accompanying the same vehicle. This court permitted this part of the facts charged and the part concerning the violation of the Road Traffic Act (the measures not taken after the accident) in the ordinary concurrent relation with this part of the facts charged, and the facts constituting the crime of Article 37 of the Criminal Act as stated in the judgment of the court below should be sentenced to a single sentence since it can no longer be maintained.

However, regardless of the above reasons for reversal, the defendant's assertion of mistake that is not contrary to the above is still subject to the judgment of the court. Therefore, it will be examined to change the claim.

B. The assertion of mistake of facts.

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