beta
(영문) 서울남부지방법원 2020.05.29 2019노646

특정범죄가중처벌등에관한법률위반(도주치상)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the accident of mistake of facts, the victim tried to cancel the insurance process by harming the insurance process, but the contact address of the insurance company was not properly covered at the accident site, but the defendant thought that only the insurance process would be avoided, and made an insurance process on the third day after leaving the accident site, and there is no intention to escape from the defendant.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. According to the examination and evidence adopted by the court below on the assertion of mistake of facts, the defendant, while driving at a speed of 40 to 60 km, divided the conversation with the front passenger, and did not see the back part of the victim driving car in the front and took the front part of the defendant's vehicle without viewing the victim's vehicle in the signal signal in front, the defendant asked the victim whether the victim would be able to pay damages or not, and the victim would be able to deal with insurance. The towing vehicle reported by the third party did not inform the victim of contact or personal information, leaving his vehicle at the scene without informing the victim of the contact or personal information, leaving the subway at the scene and leaving the subway at the scene. The police officer called thereafter, was sent several times on the part of the defendant's driver's vehicle, but the defendant was not allowed to receive the phone on the ground that he was aware of the number of the defendant, and the defendant was damaged by the insurance company on August 2, 2018, which was within 30 days after the occurrence of the accident.