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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding the fact that the Defendant caused a shocking traffic accident to the victim who was walking on the right side by driving a stroke of a motor vehicle which was driven by the Defendant, but at the time of shock, the Defendant was unaware of the occurrence of the traffic accident and did not have the intention to flee. Thus, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) cannot be established.
2) The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. In light of the following facts and circumstances, which can be seen by comprehensively taking account of the evidence duly adopted and examined by the lower court, the Defendant, while recognizing that the Defendant was stroke by driving on the right stroke and thereby inflicted injury on the victim, failed to immediately stop and take necessary measures, such as providing relief to the victim, even though he/she was aware that the Defendant was injured
It is reasonable to view it.
Therefore, this part of the defendant's argument is without merit.
1) According to the black image (Evidence No. 98 pages of the evidence record), the Defendant’s front right side of the vehicle was turned on by the balton, etc., which is the front right side of the vehicle driven by the Defendant, and thereafter, the vehicle was shocked with the victim by going up to the lower right side seat.
Therefore, the defendant seems to have made efforts to control the vehicle before the vehicle is shocked with the victim.
2) After the Defendant’s driver’s vehicle was listed on the studio, it was not so big that the vehicle following the Defendant’s driver’s walked with the victim.
Therefore, it is difficult to accept that the defendant who was on board the accident vehicle did not hear the shock noise.
3) immediately after the accident, Q, a main employee, went from the kitchen immediately and the direction of the Defendant’s vehicle, the Defendant’s vehicle was off at a rapid speed.
4) The Defendant.