특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor by mistake of facts, the fact that the Defendant had escaped without taking any measures despite having caused the primary accident to inflict injury on the victim F by causing the primary accident can be sufficiently recognized.
Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous and adversely affected by the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in October, 40 hours of order to attend school, and 120 hours of order to provide community service in 10 months) is too uneasible and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in this part of the facts charged in the judgment below, as stated in Paragraph (1) of the same Article, caused a primary accident by occupational negligence, and escaped without taking necessary measures in the event of a traffic accident, such as immediately stopping the victim F with approximately three weeks of medical treatment, and aiding the victim F.
B. The lower court determined as follows: (a) the first accident was a minor accident that occurred in contact with each other at the right side of a vehicle in the course of driving the vehicle at low-est and set-rate vehicle; (b) the shock itself caused by an accident, such as the Defendant, a driver of the vehicle at low-est level, G, as well as G, a driver of the vehicle at set-ra, was an accident to the extent that no injury was inflicted on the vehicle due to the first accident; (c) the victim F was a shock not delivered to the body of the vehicle due to the accident, but was in contact with the vehicle at the window in the course of driving the vehicle at low-est and set-rate vehicle; and (d) the victim F was in contact with the vehicle in the course of driving the vehicle at the beginning of the first accident, making it difficult for the person to sit at the top of the car to sell the vehicle at the window immediately; and (d) the victim’s 1) the accident occurred in the course of the first accident.