특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, after the instant traffic accident, misunderstanding of the fact, took into account the victims, and, in particular, recommended the victim I, a female passenger of the cab, to be sent to the hospital, to the contact information of the Defendant, while soliciting the victim I, who is a female passenger of the cab, to be sent to the hospital. Since the Defendant’s body condition is not good, he merely put the cab into the hospital, and there was no intention of escape.
However, the court below found the defendant guilty of the facts charged in this case. The court below erred in the misapprehension of facts.
B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant also asserted the above assertion in the lower court.
On the grounds stated in its reasoning, the court below, on the ground that the defendant escaped without disclosing his identity or contact information to the victims.
In addition, even if the defendant ordered either one of the victims or knew about the personal information of the defendant through the vehicle of the defendant left the scene of the accident, it can be sufficiently recognized that the defendant had the criminal intent of escape, unless the defendant takes any measure and leaves the scene of the accident.
On the other hand, the defendant's above assertion is rejected and the facts charged of this case are found guilty.
Examining the evidence duly adopted and examined by the court below, the above judgment of the court below is just (at the defendant's request for witness, victim I attended as a witness on the seventh trial day of the court below, and on the same day the defendant withdrawn the above witness's request), and there is no error of law by mistake of facts as alleged by the defendant.
B. As to the unfair argument of sentencing, the sentencing is discretioned within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, on the basis of statutory penalty.