beta
(영문) 대구지방법원 2020.06.23 2019노1990

특정범죄가중처벌등에관한법률위반(도주치상)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant seems to have recognized the traffic accident in full view of the fact that the victim's statement of mistake, misunderstanding of legal principles, witness F's statement, and victim's automobile was considerably damaged.

Nevertheless, the judgment of the court below which acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on the premise that it was not recognized that the defendant knew of and escaped from the accident of this case.

B. The lower court’s sentence of unreasonable sentencing (the 1.5 million won of a fine) is too unhued and unreasonable.

2. Determination

A. 1) The court below's assertion of misunderstanding of facts and misunderstanding of legal principles: (1) the vehicle of this case is a cargo vehicle with the length of the vehicle exceeding 12 meters; (2) the defendant was a back part of the left side of the vehicle of this case; (3) the accident of this case conflicts with the vehicle in the course of right-hand at a low speed with the damaged vehicle during the course of right-handing at a low speed; and (4) it is difficult to conclude that the defendant was aware of the collision of the accident of this case considering the damaged vehicle and surrounding noise at the time of the occurrence of this case, considering the evidence submitted by the prosecutor alone that it is insufficient to recognize that the defendant escaped; and (4) the defendant was not guilty of the injury in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes). We affirm the judgment of the court below.