특정범죄가중처벌등에관한법률위반(도주차량)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. According to the evidence submitted by the lower court by mistake of facts or misunderstanding of legal principles, the victim can sufficiently be recognized to have suffered injury, such as that stated in the facts charged, by the instant accident.
B. The sentence of a fine of KRW 2 million imposed by the court below on the defendant is too unreasonable.
2. The prosecutor asserts that there was injury to the victim with the same content as this part of the grounds for appeal, and the court below rejected the above assertion in detail as stated in Article 2 (2) of the "not guilty portion" among the judgment of the court below. In comparison with the above judgment of the court below, the judgment of the court below which acquitted the defendant of this part of the facts charged is just, and there is no error of law by misunderstanding facts against the rules of evidence or by misunderstanding the legal principles on injury, which affected the conclusion of the judgment.
The prosecutor's assertion is without merit.
3. It is recognized that the circumstances such as the defendant's recognition of this part of the crime and reflects his mistake in depth, the defendant's primary crime with no previous criminal history and without economic difficulty are recognized.
However, in full view of all the circumstances, such as the Defendant’s age, environment, family relationship, occupation, occurrence of the instant accident, circumstance before and after the commission of the crime, etc., the lower court is sentenced to punishment, taking into account the following circumstances: (a) the Defendant’s vehicle, while driving a motor vehicle, did not take any measures to remove the accident and leaving the site; and (b) the vehicle was towed by the Defendant and was demanded by the victim to handle the accident; and (c) the Defendant’s age, environment, family relationship, occupation, occurrence of the instant accident, and the circumstances before and after the commission of the