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(영문) 대구지방법원 2015.01.15 2014노738
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) did not reverse the victim by driving a motor vehicle with a mistake of facts about the guilty portion (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents). The court below which found Defendant guilty of this part of the facts charged erred by misapprehending the facts. 2) The sentence (the imprisonment without prison labor for August and the suspension of execution for 2 years) sentenced by the court below of unfair sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor [misunderstanding of the facts about the part of acquittal (the main vehicle)] can sufficiently recognize the fact that the defendant escaped without taking necessary measures despite being aware of the fact that the defendant caused the accident.

The judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

2. Judgment on the assertion of mistake of facts

A. 1) The following facts are acknowledged according to the evidence adopted and examined by the court below and the court below's decision on the Defendant's assertion of mistake of facts. (A) The part of the victim G's left-hand buckbuck in the right-hand side of the progress direction, which was driven by a car driving the car and driving the car in the same direction of the Sinsan City, along a one-lane in the direction of the village of the Sinsan City, led to a traffic accident involving H, which was driven by the victim G's left-hand buck in the right-hand side of the front bucker and the front buck in the front of the front buck.

(B) The primary accident occurred (hereinafter referred to as “the primary accident”) the victim was used in the same direction as the first one on the road on which the accident occurred, and H was sitting on the one side immediately after the first accident. However, at the time, the victim was showing reaction, such as H’s moving the end of the son’s hand at the side. (C) After the second accident, the vehicle driving in the same direction as the vehicle in which the H was driving in the same direction as the vehicle in which the h was driving in the same direction as the vehicle in which the h was driving in the same direction as the vehicle in which the h was driving in the direction as the vehicle in which the h was driving in the direction of the driver’s cellular phone from M was driven by the head of the victim (hereinafter referred to as “the second accident”).

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