특정범죄가중처벌등에관한법률위반(도주차량)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant had no intention of escape because the damaged person was unaware of the fact that the injured person was faced with the vehicle of the Defendant and proceeded without knowing the fact that the injured person was faced with the vehicle of the Defendant.
In addition, the injury suffered by the victim due to the accident of this case is not necessary to treat, and such injury does not constitute an injury under the Criminal Act.
Nevertheless, the lower judgment that found the Defendant guilty of the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.
B. As to the sentence of the lower court (a prison term of October, a suspended sentence of two years, a community service order of 120 hours, and an order to attend a compliance driving 40 hours), the Defendant asserts that the prosecutor is too unfasible and unfair as it is too unfasible.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly admitted and examined by the court below regarding the assertion that the defendant had no intention to escape, the defendant can sufficiently recognize the fact that the defendant had escaped from the scene of the accident even though he was aware of the accident in this case, so the defendant's assertion of mistake in this part is without merit.
B. According to the evidence duly adopted and examined by the lower court on August 10, 2014, regarding the assertion that the victim cannot be deemed to have suffered an injury under the Criminal Act, the victim was found to have an emergency room immediately after the accident in this case occurred, and on August 11, 2014, the following day: (a) he/she again entered the above hospital and was diagnosed about 2 weeks with the “inwards of the upper half of the upper half of the back,” etc.; (b) thereafter, the N Hospital received a hospital treatment from August 12, 2014 to August 16, 2014, and (c) on August 11, 2014, the victim complained of the “the front half of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the year of entrance into the hospital,” and (d) on August 12, 2014.