특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) is as follows: (a) the Defendant left the vehicle immediately after the instant accident and used it to the victim; (b) the village residents, who discovered the Defendant, moved the Defendant to K’s house; and (c) the Defendant had no intention to escape.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
2. The Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion in detail on the part of “determination on the Defendant and the defense counsel’s assertion” among the reasons for the judgment.
A thorough examination of the judgment of the court below by comparing it with evidential materials, and considering the circumstances such as the fact that the defendant's written appeal is considerably difficult to accept in a way that goes against the rule of experience, the judgment of the court below is justifiable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.