The defendant's appeal is dismissed.

Summary of Grounds for Appeal

With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the violation of the Road Traffic Act, the driver at the time of the accident in this case was not the criminal defendant but the criminal defendant, but the court below convicted the criminal defendant by misunderstanding the facts.

The sentence of the lower court against the Defendant claiming unfair sentencing (two months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below on the assertion of mistake of facts, the driver at the time of the accident in this case can be sufficiently recognized as the defendant, and all facts charged about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (the measures not taken after the accident) are found guilty.

In particular, although I is in danger of criminal punishment if the driver's conclusion at the time of the accident in this case, it seems that there is no reason to punish the defendant by testimony of false facts against the defendant when considering the relation with the defendant and the fact that it is more unfavorable to be punished for perjury than traffic crimes. Thus, I's testimony at the court below of the first instance that the driver is a driver is credibility.

In addition, as decided by the court below, a thorough examination of the changes in the statements of the accused and I before and after the confirmation of CCTV on the J-cafeteria building, the I's statement is more reliable than it is difficult to believe.

The defendant's assertion of mistake is without merit.

As to the assertion of unfair sentencing, the Defendant was sentenced to a fine due to drinking driving in 2008 and 2010, and the Defendant’s criminal act of this case is not enough to repent. The Defendant, while driving under drinking and continuing to drive on the wall of the parking lot, has caused damage to his own motor vehicle and escaped from the passenger traffic accident, and then has received false insurance money.