특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
A. With regard to Defendant 1’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), it is difficult to believe that the victim’s statement that the rear wheels of the vehicle driven by the Defendant served in one’s own development is difficult, and it is difficult to conclude that the victim suffered bodily injury due to the above-mentioned accident. Furthermore, the Defendant did not recognize that the victim suffered bodily injury due to the instant traffic accident. Therefore, it is difficult to view that this part of the facts charged was proven to the extent that there is no reasonable doubt, and therefore, the lower court erred by misapprehending the legal doctrine, and thus, found the Defendant guilty of this part of the facts charged. (2) In so doing, the lower court’s
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts in the facts charged in the instant case, the lower court stated that the victim’s injury cannot be deemed unrelated to the instant traffic accident, and that the victim’s injury and the instant traffic accident were irrelevant to the victim’s injury, although the victim’s statement was consistent with the victim’s statement, the witness H’s statement was also consistent with the victim’s statement, and the Defendant also stated that the victim was the victim’s injury. ② The victim complained of continuous pain after being treated as a father for more than one week after the traffic accident, and the vehicle was transferred to the hospital, and that the vehicle’s reverse shocking the right edge may affect the sus, and the victim’s medical doctor cannot be deemed to have contributed to the victim’s right sus, and ③ the agreement written by the Defendant and the victim stated that the instant traffic accident was irrelevant to the victim’s injury and the instant traffic accident.