logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.11 2016노3086
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, while causing a traffic accident, did not immediately stop and take necessary measures such as aiding the damaged person, the Defendant escaped from the scene of the accident with the intent of committing the crime of escape.

The judgment of the court below which acquitted the defendant on the ground of insufficient recognition is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. The following circumstances acknowledged by misunderstanding the facts and legal principles, which were duly adopted and investigated by the lower court, namely, the Defendant consistently testified from the investigative agency to the lower court to the effect that he was unable to stop immediately because he failed to properly operate the brake system due to a consistent accident, and K on the Defendant’s vehicle was also stopping immediately after the Defendant’s accident. The Defendant did not stop the vehicle.

I testified to the purport that the defendant did not work at the stop or accident site and that the other witness M, who first observed the accident, refers to the fact that the defendant did not work at the stop or accident site and did not work at the accident site.

In light of the stated facts, the Defendant appears to have failed to properly operate the brakes immediately after the accident, and even if he did not immediately stop immediately after the accident and operated a certain distance after the occurrence of the accident.

Even if the distance is not far away from her, and it was immediately returned and took appropriate relief measures, it is deemed that the crime of the escape vehicle was committed.

shall not be deemed to exist.

Ultimately, the evidence presented by the prosecutor alone that the defendant left the scene of an accident with the criminal intent to escape.

It is difficult to recognize it, and there is no other evidence to recognize it.

Therefore, prosecutor's misunderstanding of facts and misapprehension of legal principles are argued.

arrow