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(영문) 서울남부지방법원 2017.05.25 2016노2565
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misapprehension of the legal principles, the Defendant was the victim of the instant traffic accident and caused personnel damage due to the instant traffic accident.

It is difficult to think that there is no intention of escape because it has been separated from the place of accident.

In addition, the victims did not have any injury to the extent that relief measures are needed due to the instant traffic accident.

The lower court erred by misapprehending the facts and misapprehending the legal doctrine.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal principles, the following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court as to the criminal intent of escape, can be sufficiently acknowledged that the Defendant had the criminal intent of escape at the time of the instant case.

There is no error in the judgment of the court below due to mistake of facts.

① The Defendant changed the vehicle into one lane in order to overtake a victim’s vehicle running along a two-lane, among the two-lanes, and did not turn on the direction, etc., and conflict with the victim’s vehicle driving ahead of the two-lanes.

As such, the defendant is negligent in violating the method of changing the lanes.

② The Defendant’s vehicle stopped immediately after the instant accident, and stopped near the scene of the accident, return to one’s wheels.

그 후 피해자 차량 또한 피고인 차량의 바로 뒤에 비상등을 켠 채 정 차하였으므로 피고인은 그 차량이 피해자 차량 임을 쉽게 인식할 수 있었다.

However, the Defendant left the scene of the accident without taking any particular measures while stopping for three minutes before the victim's vehicle.

(3) The Defendant was unable to get off the vehicle even though he could have easily checked the victim’s vehicle immediately after the accident.

Therefore, the accident is difficult.

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