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(영문) 대전지방법원 2017.01.11 2016노2059
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of the facts and misunderstanding of the legal principles, Defendant A received an accident from an insurance company to which he/she joined through Defendant B immediately after the accident occurred, and Defendant A did not escape since employees H arrive at the scene of the accident and took relief measures such as dealing with the accident.

In addition, the defendant A asked the above H to handle the accident, hear the words "A" from H, and so there was no intention to commit an escape.

B. As above, Defendant B filed a report on the receipt of an accident with an insurance company, and even after the arrival of the above H, Defendant B did not assist the act of escape to the hospital for the treatment of Defendant A.

However, the lower court found all Defendants guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

2) The sentence of the lower court (Defendant A: a fine of KRW 10 million, Defendant B: a fine of KRW 2.5 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of the facts and legal principles, the lower court did not take relief measures against the victims, such as: (a) Defendant A who caused a traffic accident did not confirm the victim’s condition at all; (b) Defendant H, an employee of the insurance company of the Defendant side, did not take measures to rescue the victim by giving priority to non-products treatment or towing vehicles; and (c) the victim was employed as a staff member of the victim insurance company of the victim side to whom the victim arrived at the scene of the accident; (d) the Defendants left the scene without notifying the victim or the above I of his personal information and contact details; (b) the Defendants left the scene without notifying the victim or the above I of his personal information and contact details; and (c) the Defendant A did not inform the victim of them at the site of the above H; and (c) the Defendant A was getting off the Defendant B’s vehicle at the seat of the J Medical Center and provided hospital treatment.

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