특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) The occurrence of an accident in this case, resulting in a misunderstanding of the fact as to the violation of the Road Traffic Act (unnecessary measures after the accident)
Therefore, the crime of violation of road traffic law is not established.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, one year of suspended sentence, 40 hours of lecture participation in compliance driving, and 200 hours of community service) is too unreasonable.
B. Prosecutor 1) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is established on the ground that the victim was injured by the instant accident, resulting in misunderstanding of the facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination
A. According to the records of this case as to the defendant's assertion of mistake as to the violation of the Road Traffic Act (the measures not taken after the accident), the court below is justified in holding that the violation of the Road Traffic Act (the measures not taken after the accident) is established as long as the defendant did not inform the victim of his personal information or contact information despite his/her control and left the scene immediately after the accident without notifying him/her of his/her personal information or contact information.
This part of the defendant's assertion is without merit.
B. In full view of the following circumstances acknowledged by the evidence duly examined and adopted by the lower court as follows, the victim suffered bodily injury due to the instant accident, in light of the Prosecutor’s assertion that there was a mistake as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes
The decision is judged.
This part of the prosecutor's argument is with merit.
(1) At the time of the instant accident, the victim had a shock in the court of the court below to the extent that the upper body of the victim might in front and rear the safety level.
A passenger who was on board a taxi driven by the victim at the time of the instant accident.