beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding: (a) a car driven by the Defendant at the time of the instant traffic accident was driven by approximately 30 km per hour; (b) a shock was not so significant in light of the fact that the front left side of the damaged vehicle was severely boomed; and (c) the Defendant left the scene of the accident without a conversation between the victims and the victims, and did not have an opportunity to make a statement on the state; and (d) was hospitalized for approximately four days after the accident, the victims suffered injury under the Criminal Act due to the instant traffic accident.
I would like to say.
Nevertheless, the court below held that victims suffered injuries.
On the ground that it is difficult to conclude it, it was erroneous to conclude that there was no proof of a crime against the violation of road traffic law by an escape vehicle.
B. The sentence sentenced by the lower court (2 million won in penalty) is too unfluent and unfair.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant’s driver’s vehicle was driven at approximately 30 km in speed at the time of the instant accident, and the victims were detained in the Namyang-si Hospital on December 5, 2015, the day following the instant accident, and the victim H was hospitalized in the said hospital as a witness for approximately 2 weeks of care. The victim H was diagnosed by the lower court on the following grounds: (a) the Plaintiff’s driver’s vehicle was subject to an ordinary X-ray inspection and the high-frequency inspection on the left-hand trees; (b) the victim F was hospitalized as a witness for 3 days from December 5, 2015 to December 8, 2015.
The statements, etc. are recognized.
However, the victims of the instant accident shall be examined closely in light of the records of the instant case, along with the following facts and circumstances admitted by the same evidence.