특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that from the date of this judgment.
1. The lower court found the Defendant not guilty of the violation of the Road Traffic Act (hereinafter “accident”) with respect to the Crocketing and other vehicles of this case as well as Dwork-E-E-E-E-E-E-E-E-E-E-E-E from among the facts charged in the instant case, and convicted only the remainder
Since the defendant appealed from the guilty portion on the grounds of mistake of facts, misapprehension of legal principles, or unreasonable sentencing, and the acquittal portion that the defendant and the prosecutor did not appeal is separated and finalized, the scope of the trial of this court is limited
2. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal principles [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Road Traffic Act (Non-accidented Measures) and the violation of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) on GDD Automobiles] were recommended by the victim immediately after the occurrence of a traffic accident to undergo medical treatment, but the victim talked that the victim would not have been placed at the hospital, and took all necessary measures after the accident, such as
The court below found the defendant guilty of this part of the facts charged is erroneous or misunderstanding the legal principles.
B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, 40 hours of attending the compliance driving lecture, and 120 hours of social service) is too unreasonable.
3. Determination
A. The phrase “when a driver runs away without taking measures as provided by Article 54(1) of the Road Traffic Act, such as aiding a victim,” as provided by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as misunderstanding of facts and misunderstanding of legal principles, refers to a situation in which it is impossible for the driver of an accident to confirm who left the accident site prior to performing his/her duty as provided by Article 54(1) of the Road Traffic Act, such as aiding a victim, although he/she