특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Since the Defendant did not recognize that the collision with the Obane was occurred at the time of the instant accident, the lower court found the Defendant guilty, which erred by misapprehending the legal principles on facts.
B. The punishment of the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant also asserted the same purport as the grounds for appeal in this part of the lower judgment, and the lower court rejected the above assertion in detail on the lower court’s judgment on the allegation at the bottom of “a summary of evidence”.
According to the evidence duly adopted and examined by the court below, it seems that the defendant, while waiting at the first vehicle line and making a left turn in violation of the signal, entered the intersection by normal course at the opposite part of the victim's operation, and even at the location waiting for the left turn, it was possible to confirm that the defendant entered the intersection by using the beam light of the victim's operation, and that the shock caused by the accident in this case was considerably high enough to transfer the shock to the inside of other vehicles in the atmosphere at the time of the accident in this case.
In light of such circumstances and circumstances as the reasoning of the court below, it is reasonable to view that the defendant could have sufficiently recognized the collision between the vehicle operated by himself and the damaged person and the vehicle operated by himself. Therefore, the above assertion by the defendant is without merit.
B. The circumstances favorable to the defendant are that the victims of judgment on the unfair argument of sentencing do not want the punishment of the defendant, that the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and that the defendant has no record of criminal punishment in the Republic of Korea.
On the other hand, the following is disadvantageous.
The crime of this case is committed by the defendant.