특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) 1) The Defendant did not recognize that the injured person was injured at the time of the occurrence of the instant traffic accident, and the victim was negligent in the occurrence of the accident, and the victim left the match.
I think of it and that there was no intention of escape because of leaving the field.
In addition, the injury suffered by one victim cannot be assessed as "injury" under Article 257 (1) of the Criminal Code.
2) On the part of the violation of the Road Traffic Act (unnecessary measures after the accident), the instant traffic accident did not cause traffic congestion or interference due to scattering on the road or shocking of accidents. Since the victim did not intend to conceal the Defendant’s vehicle from the beginning, there was no risk that the damaged person would cause another traffic danger or interference. Therefore, there was no need to take measures to ensure smooth traffic by preventing and removing the traffic danger and interference at the time of the instant traffic accident.
B. The sentence sentenced by the court below to the defendant (two years of suspended execution and forty hours of order to attend the course in six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant alleged to the same effect as in the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, and the lower court rejected the Defendant’s assertion on the grounds indicated in its reasoning in determining the Defendant guilty of all the facts charged in the instant case. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justifiable. In so doing, it erred by misapprehending the
It does not seem that it does not appear.
B. There is no change in circumstances that may consider the sentencing after the judgment of the court below on the part of the unfair argument for sentencing, and the records and arguments of this case.