특정범죄가중처벌등에관한법률위반(도주치상)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In the event of the misunderstanding of the facts or misapprehension of the legal doctrine, the damage of the damaged vehicle caused by the instant accident was insignificant, and there was a need to take measures to remove the risks or obstacles caused by the traffic accident and to ensure smooth traffic flow, on the grounds that the department or the wave did not fall on the road to the extent that the operation of the
shall not be deemed to exist.
Therefore, the crime of violation of road traffic law is not established.
However, the lower court found the Defendant guilty of violating the Road Traffic Act from among the facts charged in the instant case, and erred by misapprehending the legal doctrine or misunderstanding the facts.
2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.
B. The lower court acquitted the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, even though the victims could have been aware of the injury by mistake of the facts or misapprehension of the legal doctrine, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.
2) The lower court’s improper sentencing is too unfortunate and unreasonable.
2. The Defendant asserted that the Defendant’s mistake of facts or misapprehension of the legal doctrine was identical to the grounds for appeal under this part of the judgment below, and the lower court rejected the above assertion in detail by specifying the judgment on the above assertion under the title “judgment on the Defendant and his defense counsel” in the third part of the judgment.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it contains an error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment
subsection (b) of this section.
This part of the defendant's assertion is without merit.
3. Determination as to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles
A. The Defendant’s summary of the facts charged is Cro-car.