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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant was unable to rapidly change the direction from the shock of the vehicle after the shock of the vehicle, and thus, was stopped from the two-lane to the side, and there was no intention of escape.
B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination:
A. In the lower court’s determination on the assertion of mistake of facts, the Defendant alleged that he had no intention to commit an escape, as alleged in the above facts, and the lower court rejected the above assertion on the grounds the same as the circumstances indicated in its holding, and at least did not have the intention to commit an escape.
The Court determined that it was recognized.
As a result of a thorough review of the evidence duly adopted and examined by the court below in light of the records, the defendant moved a part of distance in the course of coming from the side by changing course from the two lanes to the side, as alleged by the defendant.
In addition, considering all the circumstances such as the Defendant’s measures at the time of the accident and the circumstances after the accident, such as the fact that the 1km, which is the distance from the point of accident to the point where the Defendant stopped, seems to considerably exceed the necessary distance for the movement as above, and that there is no measure taken by the Defendant for the relief of the victim after stopping the vehicle. The above judgment of the court below is justifiable.
Therefore, the defendant's assertion of facts is without merit.
B. The Defendant recognized the crime of causing a traffic accident while driving a drinking alcohol while making a judgment on the unfair argument of sentencing.
The degree of injury of the victim is not severe.
As the defendant agreed with the victim, the injured person does not want the punishment of the defendant.
The defendant is the first offender.
However, the defendant, while driving under the influence of alcohol, has caused a traffic accident on an expressway, and such crime is committed.