특정범죄가중처벌등에관한법률위반(도주치상)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles and mistake of the facts, the Defendant did not appear between the mixed I hospital to resolve the symptoms following the instant accident. Therefore, the lower court found the Defendant guilty of the facts charged in the instant case, despite the fact that the Defendant had no criminal intent to escape and was in a situation where it was difficult to confirm the identity of the Defendant, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of the instant facts charged on the grounds of its stated reasoning, which can be acknowledged by the evidence duly adopted and investigated by the lower court.
In comparison with the above judgment of the court below, a thorough examination is conducted by comparing the above judgment of the court below with the records, and the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, namely, when the first-aid vehicle, which transferred the vehicle of the defendant and the victims, came to go to the hospital near the H hospital, and the defendant first called to the first-aid hospital, and then he went to the I hospital. In addition, in the above process, the defendant did not explain that he could sufficiently disclose his state of public disorder or his driving line to the first-aid unit members, but did not explain it to the first-aid unit members, the judgment of the court below is just, and the defendant did not err by misapprehending the legal principles, and thus, the above assertion by the defendant is not accepted.
B. Although there was no criminal history of the same kind of crime against the defendant and agreed with the victims, the defendant had shocked the victims of the crosswalks in the pedestrian signals, and the negligence is not small.