특정범죄가중처벌등에관한법률위반(도주차량)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Prosecutor 1) In order to prevent the Defendant who seeks to leave the scene of a traffic accident even after leaving the scene of the traffic accident, the victim raised her hand on the dives of the vehicle.
However, the defendant, as it is, inflicted an injury on the victim who was sealed by the defendant.
Therefore, the judgment of the court below which acquitted the injury portion among the facts charged of this case is erroneous as affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment, one year of suspended execution) is too unhued and unfair.
B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, one year of suspended sentence) is too unreasonable.
2. Determination
A. Examining the evidence as to the prosecutor’s assertion of mistake in the facts in light of the record, the court below is just in finding the defendant not guilty on the ground that there is a lack of evidence to prove that the defendant intentionally inflicted an injury on the victim, and there is no error of law by misunderstanding
B. We also examine both the defendant and the prosecutor’s unfair argument of sentencing.
Defendant has no record of punishment, in addition to punishment of a fine on one occasion at around 2005.
The vehicle of this case is covered by the comprehensive automobile insurance, and the defendant paid 8 million won to the victims and did not want to punish the victims by agreement.
On the other hand, the defendant's act of causing a traffic accident to inflict injury on the victims, which prevents the victim from escape, is a bad character to commit a crime.
In addition, considering various circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, such as the Defendant’s age, sex, environment, motive, means, and consequence, etc., including favorable or unfavorable circumstances to the Defendant, and all of the sentencing circumstances indicated in the instant records and arguments and the reasons for sentencing of the lower judgment.