도로교통법위반(사고후미조치)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of legal principles or requesting the Defendant to tow a vehicle at the time of the instant traffic accident, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting the Defendant of the instant facts charged.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) 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 with a detailed statement in the column of "decision on the defendant's assertion". In light of the records, the court below's decision is just and acceptable, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles as alleged by the defendant.
Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.
B. Although the Defendant had been sentenced to a fine due to drinking, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., there is no record of criminal punishment due to the crime following the accident in this case, the Defendant’s vehicle is covered by the comprehensive automobile insurance, and the victims of traffic accidents do not want punishment against the Defendant, etc. are favorable to the Defendant.
On the other hand, the crime of this case was committed by the defendant while driving a stroke of a vehicle that the victim D drives, and the damaged vehicle and the defendant's vehicle parked on the two-lane, leaving the scene alone while leaving the scene without leaving the vehicle that was driven on the two-lanes, and the quality of the crime is not easy, and the degree of traffic danger and obstacle caused by the crime of this case seems to be considerable. In light of the circumstances of the defendant, the court below reduced the amount of fine more than the first summary order issued in consideration of the defendant's situation.