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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant accident, was unable to fully perceive the victim’s mispersive fact at the time of the instant accident, and was aware that only the road’s pedestrian protection pension was shocked, and left the site.
Since then, the defendant tried to repair a motor vehicle by entering a place within a distance of 100 meters from the scene of the accident, and considering the circumstances such as telephone call to the employee of the insurance company, it is obvious that the defendant did not have an intention to flee, but it is obvious that the defendant did not have an intention to flee, the court below found the defendant guilty has erred in misunderstanding of facts and misunderstanding of legal principles
B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in October, community service order, 80 hours of community service order, and 40 hours of order to attend a compliance driving curriculum) is too unreasonable.
2. Determination
A. The Defendant asserted the same purport in the lower court’s judgment as above, and the lower court rejected the above assertion in detail under the title “judgment on the Defendant’s assertion”. In full view of the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable.
Therefore, the defendant's above assertion is without merit.
B. The Defendant’s vehicle driven by the Defendant is covered by a comprehensive insurance policy; the Defendant separately deposited KRW 5 million for the victim; the Defendant’s primary offender who has no record of criminal punishment; on the other hand, the Defendant caused the instant accident by gross negligence, i.e., driving at a graduate and getting on the center line; and the Defendant did not immediately stop the vehicle and take measures, such as providing rescue to the victim, while causing a traffic accident that causes an injury to a person by getting on the center line due to driving at a graduate.