특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Since the Defendant did not recognize the fact that there was an accident, the Defendant cannot recognize the criminal intent of escape.
In addition, it is difficult to believe that the medical certificate and quotation submitted by one victim are reliable, and that the damaged person suffered the injury due to the instant traffic accident.
shall not be effective.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. In the case of improper preliminary determination of sentencing, the punishment sentenced by the court below (five million won penalty) is too unreasonable.
2. Determination:
A. Judgment of misunderstanding of the facts or misapprehension of the legal principles
(2).