특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The defendant does not pay the above fine.
1. Summary of grounds for appeal;
A. According to factual misunderstanding or misapprehension of legal principles, since the back part of the passenger car driven by the victim was considerably damaged, the victim suffered bodily injury even though it could be recognized that the victim suffered bodily injury due to the instant accident, taking full account of the following: (a) the victim appears to have considerable impact on the victim due to the instant accident; (b) X-ray was awarded medical treatment to the hospital immediately after the instant accident; (c) the content of the certificate of diagnosis issued by the hospital was consistent with the victim’s statement; and (d) there is no basis for difference in the probative value of the injury diagnosis issued by the victim at the request of the investigative agency and the certificate of diagnosis issued by the victim directly.
The judgment of the court below which acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing vehicles) on the Aggravated Punishment, etc. of Specific Crimes.
B. The sentence sentenced by the lower court to the Defendant (a sum of three million won) is too unhued and unfair.
2. Determination
A. 1) As to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the court below held that the victim was injured by the accident of this case only based on the evidence submitted by the prosecutor, in full view of the following: (a) the victim was consistently from the investigative agency to the court of the court of the court below to the effect that he did not have any treatment; and (b) the medical certificate was presented at the investigation stage; but (c) although this was presented at the investigation stage, the victim was not requested to issue it to the medical institution, but
On the ground that it is insufficient to see it, the court acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
2) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Act”) is applicable.