특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Fact-finding [the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the after-accident)] caused a traffic accident by collision with the instant Twork XG car (hereinafter “Twork vehicle”) and the Defendant escaped despite being aware of the said traffic accident. The said traffic accident caused the collision with the instant Twork Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha (hereinafter “Ad Had Had Had ”). When the Defendant returned to the above site of the traffic accident, even though the Defendant was aware of the occurrence of the traffic accident resulting from the said traffic accident, it can be sufficiently recognized that there was a criminal intent to escape from the Defendant, such as providing the victims with personal information.
In addition, since a traffic accident caused by a traffic accident caused by a single defendant has occurred between Tddon vehicle and an Adon vehicle, it can be sufficiently recognized that the traffic hazard and obstacle have occurred due to the traffic accident caused by the defendant.
Nevertheless, the court below held that the defendant had the criminal intent to escape.
It is insufficient to recognize that there was a traffic danger or obstacle caused by a traffic accident by the defendant.
For reasons of insufficient recognition, each not guilty verdict was rendered on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the measures not taken after an accident). The judgment of the court below is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (the term of imprisonment for six months, the suspension of the execution of two years, and the suspension of the execution of 40 hours) is too uneasible and unfair.
2. Determination
A. The grounds for appeal by the prosecutor ex officio are ex officio prior to the judgment.