특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)] of the defendant's attack against the victim's own vehicle, there is no objective evidence to recognize it in addition to the victim's statement, and the victim's statement also lacks credibility, such as that the victim's statement does not coincide with the medical records of the J Hospital
Considering the fact that the state of the victim was sufficient only for the outpatient treatment, the J hospital: (a) the Defendant did not have any sufficient fact as stated in the judgment below; and (b) even if it was shocked, the Defendant left the scene without recognizing such fact.
I seem to appear.
Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts.
B. The punishment sentenced by the court below (6 months of imprisonment, 2 years of suspended execution, 40 hours of lectures for driving) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of this part of the facts charged is justifiable, and there is no error of law by mistake of facts as alleged by the
Therefore, this part of the defendant's argument is without merit.
① The victim, as indicated in the judgment of the court below, has been consistently stated in the police and the court below, that “The front part of the Defendant vehicle shocked the victim’s her butt, and shocked the victim’s shoulder with the string of the said vehicle.”
According to the photograph taken by the police officer called up with the victim's report immediately after the accident of this case, it is consistent with the victim's statement concerning the circumstances of the accident, as the victim's statement is taken between the left-hand side of the defendant's vehicle and the right-hand side of the vehicle.