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(영문) 광주지방법원 2018.08.22 2018노1759
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not recognize that the damaged vehicle was shocked at the time of the accident, and even if the accident in this case did not cause any danger and obstacle to traffic, the lower court convicted him of the charge of the violation of the Road Traffic Act (the measures not taken after the accident). The lower court erred by misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

가. 사실 오인 주장에 관한 판단 원심이 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음과 같은 사정, 즉 ① 피해자는 경찰에서 ‘ 가 해자가 제 차를 때리고 중앙 분리대를 접촉한 후 브레이크를 밟고 멈칫하더니 오히려 속도를 붙이면서 영 암 쪽으로 도주하였다.

After the accident, the perpetrator was seeing that the perpetrator escaped, but after the accident, it was found that the dynamics in the future were the same why the accident occurred in Korea, and the mind was scam and the perpetrator concealed the perpetrator, and the perpetrator was scamed in the night as soon as possible.

Therefore, it was found that the driver was out of the boomed, found the damaged part, reported the direction that the perpetrator proceeded again, and did not seem to have disappeared anywhere.

The defendant stated that he was 4 to 5km, <2> The defendant stated in the prosecutor's office that " what is at the time? what is the shock, how is the right is the shock, and what is the department of the right is the wind, and also the accident was done in contact with the central separation unit, and the accident was done.

“The Defendant stated that he was ever stopped immediately after the accident, and (3) the Defendant was in close vicinity to other vehicles prior to the accident while leaving the scene at a very rapid speed and was in rapid operation, and (4) the accident site of this case is the road above the two-lane intersections, and there were other vehicles running at night at the time, and due to the accident of this case.

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