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(영문) 의정부지방법원 2015.06.23 2015노631
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the traffic accident in the instant case of mistake of mistake was insignificant and the Defendant did not recognize the occurrence of the traffic accident, the Defendant did not have any criminal intent to flee.

B. The lower court’s sentence of unreasonable sentencing (a fine of 6 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the Defendant rapidly changed his vehicle from one lane to two lanes; (ii) was faced with the back side of the victim’s automobile driving; and (iii) the victim escaped at a rapid speed following the shock of the Defendant’s vehicle at the right side of the Defendant’s vehicle; (iv) the investigative agency and the lower court’s court stated that “the Defendant got away at a rapid speed; (v) the Defendant got away from the vehicle at the time of the instant accident without fully recognizing that the vehicle was shocked by the victim’s vehicle at the time of the instant accident; and (v) the Defendant went away from the scene of the accident without taking measures to rescue the scene of the accident, even though the Defendant was fully aware that the vehicle was shocked by the victim’s vehicle at the time of the instant accident.”

Since it is recognized that the defendant had the intention to commit an escape, it is judged that the defendant had the intention to commit an escape.

B. As to the assertion on unreasonable sentencing, it is recognized that the Defendant purchased a motor vehicle comprehensive insurance policy and the degree of injury suffered by the victim is relatively not much serious. However, in full view of the following circumstances, including the Defendant’s age, circumstances leading up to the commission of a traffic accident and escape without taking relief measures, the Defendant did not agree with the victim, and the Defendant’s age, details of the crime, and circumstances after the crime, etc., as seen earlier.

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