특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. According to the evidence submitted by a mistake of facts-finding prosecutor, it can be recognized that the victim D was injured due to the instant traffic accident.
However, the court below rendered a not guilty verdict on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in this case on the grounds that it is difficult to find the victim as being injured due to the traffic accident in this case.
B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (the imprisonment for eight months, the suspension of the execution of two years, the probation, the community service order 120 hours, and the order to attend a lecture 24 hours) is too unobc
2. Determination
A. We agree with the court below's decision that the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is not punishable on the ground that the evidence submitted by the prosecutor alone, based on the circumstances in its holding, is insufficient to acknowledge that the victim D suffered bodily injury due to the instant traffic accident, and there is no other evidence to acknowledge it, and the court below's decision that the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be punished on the ground that there is no other evidence to acknowledge it. In so doing, the court below did not err by
B. The Defendant’s judgment on the assertion of unfair sentencing has the record of punishing three times a fine due to a violation of the Road Traffic Act ( sound driving) and a violation of the Road Traffic Act (unlicensed driving). In order to conceal the fact that he/she was driving a vehicle, the Defendant is obliged to make another person make a statement to the competent authority that he/she was driving the vehicle, and is punished as a crime of aiding and abetting an offender, and is disadvantageous to the Defendant.
However, the Defendant committed the instant crime in depth and did not repeat the crime.