특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) 1 The part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) was known that the Defendant was aware that the victim
Even if the victim is decent, the victim
In light of the fact that the Defendant had the intent to flee, i.e., “A” and “I will deliver and get out of the scene of the accident,” “I will leave the scene of the accident” and “I will deliver and get out of the scene of the accident. ② The Defendant’s statement of the victim is difficult to believe, ③ the Defendant does not leave the scene of the accident by itself at the time of the accident, ③ does not leave the scene of the accident, and returned back to the scene of the accident after the delivery, ④ the victim’s injury level and degree, and the Defendant’s vehicle is subscribed to the comprehensive motor vehicle insurance.
It is difficult to readily conclude.
2) This part of the facts charged is subject to the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016; hereinafter the same shall apply). ① The Defendant, after the occurrence of an accident, set up and parked in front of the restaurant by the witness, leading the victim's driver's vehicle, leading the victim's vehicle after the occurrence of the accident, ② the victim's repair cost is minor and the victim's repair cost is not excessive to 585,000 won, ③ the Defendant did not drive the Defendant's vehicle at the time of leaving the scene, and ③ the Defendant need to take measures to ensure smooth traffic by preventing and removing the danger and obstacle on traffic at the time of the day.
It is difficult to see it.
B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.
2. Determination
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Aggravated Punishment, etc.") is the same.