특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
Defendant
The victims of misunderstanding of facts or misunderstanding of legal principles did not have any need to take relief measures because they did not have been injured or suffered extremely minorly.
The victims stated that "a vehicle should be talked to the right side of the road after deducting the vehicle from the road," and the victims have left the left, so there was no intention to escape from the defendant.
The sentence of the lower court on unreasonable sentencing (fine 4 million won) is too unreasonable.
The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
The following circumstances revealed in the evidence duly adopted and investigated by the court below regarding the assertion that the defendant did not legally suffer from a mistake of facts or misapprehension of legal principles, namely, ① the victims stated in the statement immediately after the accident of this case that they are cut off (at the same time, the victims stated in the above statement that there is no one who does not suffer from the accident of this case, but at the same time, there seems to be no one who does not suffer from the accident of this case, in light of the contents of the court below's statement, and ② the victims visited the hospital on June 27, 2012, after visiting the hospital after the accident of this case, and undergo the same diagnosis as stated in the facts charged of this case, and the victim F, I, and J received two to three days medical treatment. In full view of the fact that the victims suffered from the injury of this case cannot be evaluated as "injury" under Article 257 (1) of the Criminal Act, it is difficult to see that the above defendant's assertion is without merit.
The following circumstances are revealed in the evidence duly adopted and examined by the court below regarding the assertion that the defendant did not have intention to flee, namely, ① the defendant did not get out of the vehicle immediately after the instant case, and there are fundamental measures such as considering the health conditions of the victims or notifying their personal information.