특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles and misunderstanding of the facts, the Defendant was found to have immediately been deprived of the victim from the vehicle that was driven after the instant accident occurred, but the victim was neither her nor she was fine.
While leaving the scene of the accident, in order to bring the indoor gas and her mother on the road away from the road, the accident has returned to the site of the accident.
In other words, the defendant is fine for the victim again and is going to the hospital, but the victim rather is sent to the defendant.
At the end, I abandoned.
Therefore, the defendant wanted to leave the scene of the accident because the vehicle waiting for the defendant's vehicle at the time of the instant case has continued to cross the border, which led to leaving the scene of the accident.
Although there are some circumstances, the judgment of the court below that recognized the defendant's criminal intent to flee is erroneous by misunderstanding of facts or misunderstanding of legal principles.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, and the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, ① the accident in this case was an accident in the crosswalk, and ② the victim is deemed to have provided pains at the time of accident.
was testified (the trial record 64 pages) and the actual action of the victim was minor.
The fact that it is not visible (Evidence Nos. 19, 20), 3, it is possible to grasp the degree of the state of one's own body's own body's own body's body's body's degree, and as long as it goes beyond the ground, the defendant who does not have expertise in medical science should have the victim take the victim into the hospital and undergo a diagnosis and treatment of other standing bodies that do not know of it's suspicion, and 4, even if the victim refuses to go to the hospital, the defendant is against the above situation.