특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the intention of escape is not recognized because the defendant caused a traffic accident and caused the injury to the victim, the court below convicted all of the charges of this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence of a fine of KRW 7 million imposed by the court below on the defendant is too unreasonable.
2. According to the evidence duly examined and adopted by the court below regarding the assertion of mistake of facts, the defendant's assertion that the following part of the vehicle in the course of driving a car on the road was covered by the victim's passenger car booms, and immediately after the accident occurred, the victims have sound a light and concealed the defendant's vehicle. In light of the above circumstances and degree of the accident and the circumstances after the accident, etc., it is difficult to readily believe that the defendant's assertion that the accident in this case occurred at the time of the accident itself is not recognized.
In addition, even if the Defendant did not clearly know the instant accident at the time, according to the Defendant’s assertion, it appears that according to the Defendant’s assertion, it would have known the fact that the front part of the vehicle was shocked of certain objects, and immediately thereafter, it would have been easy for the Defendant to have known the fact that the instant accident occurred without taking such measures even though he was able to have known of the fact that the instant accident occurred, and that he left the scene of the accident. Therefore, it is reasonable to deem that the Defendant had an intention to flee with the knowledge of the occurrence of the
Therefore, the defendant's above assertion is without merit.
3. The primary offender who has no record of criminal punishment on the assertion of unfair sentencing, and the degree of injury suffered by the victims is not serious. Meanwhile, the damaged vehicle is worth KRW 36 million.