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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) among the facts charged in the instant case of mistake of facts, the Defendant was absent from a vehicle due to a strong impulse due to a traffic accident and left the vehicle so as to help her natives and lost the mind, and did not escape.
Nevertheless, the lower court found all of the facts charged guilty. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the court below rejected the defendant's appeal and found the defendant guilty as to this part of the charges, considering the circumstances such as the fact that the defendant clearly recognizes the fact of accident, leaving the scene, and trying to maintain stability by walking, etc. in order to escape from the scene due to respiratory difficulty, but it does not necessarily require to leave the scene of accident; the F, who was contacted by the defendant or the defendant, did not report the accident of this case; and the police, who was dispatched to the scene and found the defendant at the scene but did not find the defendant, based on the fact that the defendant was found to have escaped from the scene with the intention of escape.
According to the records, even though it is difficult to avoid hiding at the time, the defendant went to a place less than 50-60 meters away from the scene (the 40th page of the trial record, the 47th page of the investigation record). According to the above circumstances, it is not deemed that the defendant at the time had serious respiratory difficulty to the extent that he could not perform relief measures against the victim, and it seems that the defendant had an intention to flee. In light of the reasons for conviction stated by the court below, the court below runs away from the defendant.