특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In addition, there was no fact that the victim suffered an injury to the extent that the victim could be evaluated as "injury" under the Criminal Act due to mistake of facts or misapprehension of legal principles, and there was no occurrence of any danger or impediment to traffic, so there was no need to immediately stop the defendant and take measures such as aiding the victim.
Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that found the Defendant guilty of the instant charges.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, community service order, etc.) is too unreasonable.
2. Determination
A. The defendant alleged the same purport in the judgment of the court below, and the court below rejected the above argument in detail in the "decision on the defense counsel's assertion". In light of the records, the judgment of the court below is just and acceptable, and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the defendant. Thus, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is without merit.
B. The circumstances favorable to the Defendant include: (a) the Defendant had no record of criminal punishment prior to the determination of the allegation of unfair sentencing; (b) the personal and material damage caused by the instant crime cannot be deemed to have been serious; and (c) the fact that the Defendant appears to have recovered from the victim’s physical damage with the insurance proceeds covered by the automobile insurance
On the other hand, the crime of this case was committed by the defendant while driving a motor vehicle and changing the victim's own course from the three-lane to the two-lane, resulting in the victim's injury, such as light salt, which requires treatment for about two weeks, and at the same time, the victim's vehicle's repair cost is equivalent to KRW 894,100.