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(영문) 서울중앙지방법원 2014.08.28 2014노1391
도로교통법위반(무면허운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In regard to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, it is difficult to see that the degree of injury of the victim constitutes injury. ② Despite the difficulty in deeming that it was necessary to take measures to prevent and eliminate traffic hazards and obstacles caused by an accident in relation to the crime of violation of the Road Traffic Act, the lower court convicted this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. (1) In light of the determination of mistake of facts and misapprehension of legal principles regarding the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, it is reasonable to deem that the victim suffered bodily injury due to the accident in this case, and, in light of the content of the diagnosis statement and fact inquiry statement (J) and the degree of vehicle shock appearing in the photograph, it is reasonable to deem that the victim suffered bodily injury due to the accident in this case, and the extremely annoye that cannot be evaluated as the "injury" under Article 257(1) of the Criminal Act cannot be deemed as having no need to treat it as a standing.

(2) In relation to the crime of violation of the Road Traffic Act (Measures Taken after Accidents), even though the physical damage of a vehicle damaged by an accident is not severe, and the defendant's driving of a vehicle without getting off the vehicle on the road is not deemed to have done the necessary measures at the time of the occurrence of the traffic accident. Since the victim has driven away from about 700 meters away from the defendant who runs away from the vehicle, this part of the defendant's assertion is without merit.

B. Although determining the argument of unfair sentencing, the defendant has a considerable number of criminal records of drinking and unlicensed driving, and is the same kind of crime.

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