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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.
2. The crime of this case is deemed to have been committed by the defendant while driving a motor vehicle and leaving the scene of accident without taking necessary measures. The nature of the crime is not good. The defendant is recognized as having been punished once by a fine for the violation of the Road Traffic Act due to a drunk driving and other crimes of violation of the Road Traffic Act, but the defendant has committed a crime of violation of the Road Traffic Act. The defendant led the accident to an insurance company by lending his telephone apparatus at the station located in the place where the accident occurred immediately after the accident occurred, and the defendant went away from the site of the accident by reporting that he is towing his own vehicle which has arrived at the site after the diving. At the time of this case, at the time of this case, the defendant would have been deemed to have been negligent only for the crime of violation of the Road Traffic Act (after the accident). Considering the fact that the defendant's motor vehicle is covered by comprehensive insurance, the defendant's home environment should be considered, the defendant's age, character and behavior, and other circumstances before and after the accident, the defendant's assertion that sentencing is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;