특정범죄가중처벌등에관한법률위반(도주차량)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. After an accident of mistake of facts and misapprehension of legal principles, the Defendant stopped the vehicle before the beginning of the voluntary crime prevention guards and confirmed the victim’s condition.
At the time, the victim was seated at the edge of a road, and there were no horses, and there was no fluent place.
Although the defendant was the victim in the hospital, the victim rejected the victim's hand, and the victim did not receive the said money even though he did not receive the said money.
The Defendant had talked with the victim for about 30 minutes, and the victim has continuously expressed his/her son that he/she is fine for negligence, and given his/her name and left the scene.
At the time of the accident, J was aware of the victim and the victim, and remains at the scene of the accident even after the defendant left, so the victim was aware of the identity of the defendant even through J.
Since the defendant completed the accident disposal and left the scene, there was no intention to commit an escape.
The lower court found the Defendant guilty of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts and misapprehension of legal principles, ① the Defendant was driving a one-lane road at the direction of the Defendant’s proceeding, and the victim was walking around the right edge of the road, but did not look at it, and the Defendant was faced with the victim’s fingers in front of the right edge of the Defendant’s vehicle, ② the victim was in excess of the road surface due to the shock of the above accident, and the Defendant stopped in front of the first place of the autonomous crime prevention guards located 50 meters away from the accident location immediately after the accident.