특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant was unaware of the occurrence of an accident due to the symptoms of a low blood relative, and the degree of injury suffered by the victim is insignificant and thus cannot be deemed as an injury to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle). However, the lower court found the Defendant guilty of all the criminal facts committed against the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicle) and the
B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances that can be acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the court below is just in finding the defendant guilty of the facts constituting the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (after the accident) as stated in the judgment of the court below, and there is no error of misconception of facts as alleged by the defendant.
Therefore, we cannot accept the defendant's assertion of mistake of the above facts.
1) The Defendant was unaware of the occurrence of an accident.
The argument is asserted.
그러나 ① 피해자 차량의 파손 정도가 상당하고, 피해자 차량의 앞에서 신호 대기 중이 던 목격자 J이 ‘ 쿵 소리에 자신의 차량이 들이 받힌 것 같아 돌아보았다’ 고 진술한 점에 비추어 이 사건 교통사고로 인한 충격이 상당하였을 것으로 보이는 점, ② 피고인은 당시 심각한 저혈당 증세가 있었다고
However, the defendant did not take any measures despite the receipt of the victim's vehicle and escaped, the driver's situation of the defendant's vehicle before and after the accident, or the defendant's blood relative at the time.