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(영문) 인천지방법원 2014.01.08 2013노2091
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The accident in this case of mistake of facts occurred due to the negligence of the victim who attempted a direct diagnosis at the left-hand turn, and there is no negligence on the defendant. The defendant thought that the damaged vehicle left the scene of the accident by reporting that the victim's vehicle was straighted and passed through the intersection, and that the damaged vehicle was thought to leave the scene of the accident, and that there was no other scamsing intention only left the scene of the accident because there was no other scams of collision. In addition, considering that the conflict of the accident was insignificant, it is difficult to recognize that the defendant suffered an injury as stated in the facts charged of the accident in this case. 2) The punishment sentenced by the court below of unfair sentencing (two months of imprisonment and two years of suspended execution) is

B. In light of the overall circumstances of this case by the prosecutor, the above sentence of the court below is too unfasible and unfair.

2. Determination

A. The following circumstances acknowledged by the court below, comprehensively taking account of the evidence duly adopted and examined by the defendant, the Road Traffic Management Corporation of the Party, and the statement of each fact-finding reply to J Hospital, i.e., the defendant did not make a left-hand turn within the intersection, but it is recognized that the defendant changed the lane and made a left-hand turn at the right-hand turn prior to the entry into the intersection. On the other hand, as the victim was at fault on the left-hand turn, the victim's vehicle was at fault, and the damaged vehicle prior to the entry into the intersection, which led to the left-hand turn without a right-hand turn, and even if the accident did not occur without the right-hand turn and the left-hand turn at the normal left-hand turn, it is uncertain whether the accident at issue was caused by the defendant's negligence without complying with the victim's fault and the left-hand turn. It cannot be viewed that there was no negligence by the defendant.

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