특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant accident, failed to find out the victim’s vehicle that had been recovered immediately after the accident because it was not good enough to have a crypted due to a new crymology or urology at the time of the instant accident. Rather, the victim was considered to have escaped after the accident, and
B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. The following circumstances acknowledged by the judgment of the court below and the court below as to the assertion of mistake of facts or misapprehension of legal principles are: ① even if the body of the defendant was not good at the time of the accident, such as receiving blood dose regularly, the fact that the accident of this case occurred was clearly recognized; ② the defendant's vehicle booms at the time of the accident, the road where the accident of this case occurred is one lane, and the victim's vehicle immediately after the accident of this case was driven by the accident, and the wall was returned to the victim, and the vehicle of the victim was returned to the victim. ③ The defendant also moved the victim's vehicle to the front line before the victim's vehicle was moved to the opposite line; ④ Even if the defendant's vehicle was not sufficient at the time of the accident, it can be seen that the defendant was sufficiently aware of the victim's intention to move the victim's vehicle to the front line, despite the fact that the defendant had the victim's intention to move the victim's vehicle to the front line.
Therefore, the above facts can be fully recognized, and the judgment of the court below is different.