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(영문) 서울고등법원 2019.05.31 2018노2360
특정범죄가중처벌등에관한법률위반(도주치상)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

In light of the fact-finding of the defendant and the misapprehension of legal principles at the time of the accident in this case, the victims cannot be deemed to have suffered injuries due to the accident in this case, and there was no need to take relief measures against the victims.

Even if the victims suffered injuries due to the instant accident, in light of the intensity of shock and the circumstances after the instant accident, etc., the Defendant did not know that the victims suffered injuries, and thus, the Defendant did not recognize the need to take relief measures against the victims.

The Defendant, as a community bus operator with a line of routes, could easily grasp the driver who caused an accident, and the Defendant left the site to report the instant accident to the company in accordance with the company’s policy at the time of the occurrence of a traffic accident. Therefore, the Defendant did not have an intention to abscond.

The sentence of unfair sentencing (two years of suspended execution in August, community service, 80 hours, and 40 hours of compliance driving lectures) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant had the same assertion as the grounds for appeal in this part of the judgment below, and the court below rejected all the above arguments by providing a detailed statement on the arguments of the Defendant and its judgment.

The judgment below

Examining the reasoning in comparison with the evidence duly adopted and examined, the judgment of the court below is reasonable and it does not err by misapprehending the legal principles on the necessity of relief measures and escape in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

This part of the defendant's assertion is without merit.

On the assertion of unfair sentencing (the defendant and the prosecutor), the lower court (the defendant and the bus driver), on his own negligence.

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