특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding or legal principles 1) the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury of the victim) and the part concerning the defendant's driver's vehicle and the damaged vehicle's degree of collision and shock, the injury suffered by the victims cannot be evaluated as "injury" under Article 257 (1) of the Criminal Act, and the defendant did not have any intention to escape.
2) In light of the fact that the accident in this case occurred due to the violation of the Road Traffic Act (unnecessary measures after the accident), Defendant’s driver’s vehicle and the damaged vehicle did not have any anything nor did so on the road, etc., the Defendant did not have to take measures to ensure safe and smooth traffic by preventing and removing the risks and obstacles to traffic at the time of the accident in this case.
B. The sentence sentenced by the lower court to the Defendant (two years of suspended execution and forty hours of lecture attendance order in October, and 300 hours of community service order) is too unreasonable.
2. Determination
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence), the Defendant alleged to the same effect in the lower court, and the lower court rejected the Defendant’s assertion on the grounds of its stated reasoning in its judgment that the Defendant was guilty of this part of the facts charged. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower judgment, the lower court’s aforementioned determination is justifiable, and contrary to the judgment of the lower court, the lower court erred
It does not seem that it does not appear.
B. As to the violation of the Road Traffic Act (Measures Not to be Taken after Accidents), the summary of the facts charged in this part of the charges is as follows: (a) the Defendant driving a vehicle with B low-speed car around November 27, 2017 and driving a three-lane road at the “D agency” located in Seocheon-si C on November 27, 2017 and driving a three-lane road at a speed of about 40km depending on one lane.