(영문) 제주지방법원 2012.05.10 2011노570 | 리걸엔진

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(영문) 제주지방법원 2012.05.10 2011노570

특정범죄가중처벌등에관한법률위반(도주차량)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted the defendant, who had been well aware of the road situation at ordinary times, in the situation where the defendant's vehicle had already entered the center of the shooting distance after the mistake of facts, was forced to move the vehicle to the gas station adjacent to the nearest marina hotel because of the need for the vehicle to move. In this case, the defendant was trying to move to the victims by turning on the right direction, driving the hand on the roof of the vehicle, etc., and leading them to drive on the roof of the vehicle, and did not escape, and the court below convicted him of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (after the accident). The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. On June 11, 201, the Defendant: (a) around 00:20 on June 11, 201, who is engaged in driving of CA car, driven the said car and proceeded at a Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

At the time, it was night and a day of heavy rain, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front door and the left door and the right and the right, and to accurately operate the steering and the steering system.

Nevertheless, under the influence of alcohol, the Defendant’s negligence on the right side side of the victim D(27 years old) Driving E(hereinafter “FD”) (hereinafter referred to as “FD”) who was in the front of the Defendant’s driving vehicle is shocking into the left side side of the Defendant’s driving vehicle. On the other hand, the Defendant’s left side of the victim FF Driving G vehicle (hereinafter referred to as “FF vehicle”) standing in the front of the foregoing E vehicle is driving vehicle.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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