도로교통법위반(사고후미조치)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was unable to recognize the fact of the instant accident at all because the instant accident was very insignificant.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. The Defendant also asserted that the above assertion of mistake was identical to the above assertion of mistake of fact, and the lower court rejected the above assertion in detail under the title of “judgment on the Defendant and the defense counsel’s assertion”.
A thorough examination of the evidence duly adopted and examined by the court below, the court below's determination that the defendant recognized the credibility of each statement of F and D and recognized the fact of the accident at the time of the accident in this case is just.
After the left turn signal at the time of the instant accident, the Defendant asserts that there is no credibility of the witness’s statement made by the lower court that the Defendant left the scene even though the Defendant stopped one minute after the accident but went on the pedestrian signal while leaving the scene, since the time interval between the time to turn on the direction of the Defendant’s vehicle after the left turn out of the signal at the time of the instant accident. However, it is difficult to conclude that the signal distance shown in the foregoing video is the same as the signal at the time of the instant accident on August 25, 2016, and it is difficult to conclude that the date of filming the video, which is the evidence submitted by the Defendant, is the same as the signal at the time of the instant accident. Since the damaged vehicle stops after the accident, and two minutes have passed sufficiently from the scene of the Defendant’s vehicle to the point of the accident, the evidence submitted by the Defendant at the trial alone alone cannot be viewed as having changed.
Therefore, the defendant's above assertion of mistake is without merit.
B. The Defendant’s judgment on the assertion of unfair sentencing is not only a criminal record of a fine due to a violation of the Road Traffic Act (driving) at one time.