특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding or misunderstanding of the legal principles, the investigation agency of the victim D and the court below’s legal statement, etc., the injured party’s wife is minor to the extent that it cannot be evaluated as “injury” under the Criminal Act, and the injured party’s wife occurred after the instant traffic accident. As such, there exists a relation between the instant accident and the injured party
shall not be deemed to exist.
In addition, in consideration of the fact that the Defendant consistently stated to the effect that “the Defendant attempted to cut off the vehicle” from the investigation stage, and that “the victim talks to talk next to the vehicle in front,” considerable number of witnesses, Defendant’s vehicle number was secured by the victim, and that there was no need for escape due to an accident that occurred while on the road.
It is difficult to see it.
Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts or misapprehension of the legal doctrine, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable, and there is no error of law by mistake of facts
Therefore, this part of the defendant's argument is without merit.
① On February 7, 2017, the Defendant driven the Defendant’s vehicle on February 23:10, 2017, driving the vehicle along the front part of the Defendant’s vehicle, while driving the vehicle in the direction of the test site of the Ansan driver’s license in the direction of the intersection in the direction of the intersection in the direction of the intersection in the direction of the intersection in the city of Ansan-si and the fourth lane in front of the intersection in the city of Ansan-si. However, even though the damaged vehicle normally driven on the said vehicle, reported the Defendant’s vehicle and stopped, the front part of the vehicle.