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(영문) 대구지방법원 2014.06.19 2013노3767
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After a mistake of facts, the Defendant reported that the injury of the Victim F was severe, and did not return to the wind that he left the scene of the accident after leaving the scene of the accident due to a clerical error in the body of the water and the collision in the nearby stores, and did not have the intention of escape.

The degree of injury of the victim D was minor that there was no need for medical treatment or relief.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The phrase “when the driver runs away without taking measures as provided in Article 54(1) of the Road Traffic Act, such as aiding the victim,” as provided in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the assertion of mistake of facts refers to a case where the driver of an accident does not take measures as provided in Article 54(1) of the Road Traffic Act despite the victim’s awareness of the fact that the victim was killed due to the accident, thereby leaving the place of the accident

(see, e.g., Supreme Court Decision 2005Do3605, Jan. 27, 2006). According to the evidence duly adopted and examined by the lower court, the following facts are recognized.

① On March 17, 2013, at around 01:25, the Defendant: (a) driven the victim F on a road without a median line in front of the driver’s license test site located in Tae-dong, Tae-gu, Daegu; (b) went beyond the central part; (c) caused an accident that conflicts with the front part of the victim D's D's driving vehicle with the front part of the front part of the vehicle, which was mabb, in the opposite direction; (d) the said accident caused the injury of the f's salt, tension, etc. requiring D's treatment for three weeks; and (e) the injury of the f's f's f's f's f's f's f's f' and f's f's f's f's f's f'

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