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(영문) 창원지방법원 2016.09.08 2016노1183
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is reasonable to view that the Defendant escaped as it is, even though he fully aware of the fact that the Defendant was receiving the victim or at least what was the victim, and even though he was aware of the fact.

Nevertheless, the lower court rendered a not guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the primary charge, erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment without prison labor, one year of suspended execution, and forty hours of attending the law-abiding driving course) is too uneasible and unfair.

2. Determination

A. The lower court determined that the evidence submitted by the prosecutor alone, on the grounds stated in its reasoning, is insufficient to recognize that the Defendant was aware of the occurrence of an accident, and there is no other evidence to acknowledge it otherwise.

Examining the evidence duly adopted and examined by the court below in light of the records, the above judgment of the court below is just and acceptable, and there is no error of misconception of facts or misapprehension of legal principles as pointed out by the prosecutor, and thus the prosecutor's assertion is not accepted.

B. The instant crime on the assertion of unfair sentencing is a situation unfavorable to the Defendant, by causing a traffic accident that causes the Defendant to shock the victim who dried the crosswalk, thereby causing bodily injury to the victim, such as the escape of the victim's 8 weeks of custody, and the nature of the crime is not good, and the degree of injury to the victim is considerably significant, and even if it did not reach an agreement with the victim, the fact that the victim did not want to punish the victim with severe punishment is disadvantageous to the Defendant.

However, the fact that the defendant confessions the facts of the crime and reflects the fact, that the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance, that there is no record of punishment for the same crime, and that there are other defendants.

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