특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Since the Defendant did not recognize the occurrence of an accident at the time of the instant crime, there was no intention to flee, and in light of the content of the accident, the victim cannot be deemed to have suffered an injury to the extent that it is necessary to take relief measures under Article 54(1) of the Road Traffic Act.
Nevertheless, the court below convicted the defendant by misunderstanding facts or understanding the legal principles.
B. The sentence imposed by the lower court on the sentence of unfair sentencing (two years of suspended execution in October, 40 hours, and community service for 120 hours) is too unreasonable.
2. Determination
A. In the lower court’s assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted the same as the grounds for appeal in this case, and the lower court rejected the Defendant’s assertion and its determination in detail under the title of “determination of innocence” in the judgment. In line with the records, the lower court’s determination is just and acceptable, and there is no error of law by misapprehending the legal principles on the “inju” or the necessity of relief measures against the crime of the Act on the Aggravated Punishment, etc. of Specific Crimes, or by misapprehending the rules of evidence.
Therefore, the defendant's above assertion is not accepted.
B. Determination on the assertion of unfair sentencing is relatively minor to damage caused by the instant accident, and the vehicle is currently covered by a comprehensive motor vehicle insurance, and the Defendant currently lost the hearing power of the right, and the implementation of the community service order is difficult due to the left-hand check and spine (No. 12) due to an accident in the course of performing his/her duties, and other arguments and records of the instant case, including Defendant’s age, character, character, environment, family relationship, criminal record relationship, circumstances after the commission of the crime, and motive and circumstance of the crime.