beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. At the time of the accident of mistake of facts, there was no injury or pain on the victim at the time of the accident of this case, and the actual treatment began after the lapse of 3 days, and the appearance of the damaged vehicle was almost rare, and the defendant confirmed that the victim was healthy by dividing the victim's conversation from the vehicle immediately after the accident of this case by 5 minutes. Thus, the judgment of the court below which found the defendant guilty of the facts charged of this case by misunderstanding the facts and affecting the conclusion of the judgment, even though there was no need for relief at the time of escape from
B. The judgment of the court below on the defendant's sentence of unreasonable sentencing (the fine of five million won) is too unreasonable.
2. Determination
A. On November 14, 201, the summary of the facts charged in the instant case: (a) the Defendant: (b) driven a C Freight vehicle and driven a road in front of the border line in the north-dong of Busan, and caused the D low-speed car parked in the north-dong of Busan; and (c) mistakenly entered a dead-end motor vehicle and went back to the back; (d) caused the instant traffic accident by negligence in the course of performing duties violating the duty of the rear-gu Coast; and (d) followed the victim E (age 42) driven by the victim E (age 42); (c) caused the injury, such as the bones of the bones of the said truck, which requires treatment for about two weeks; (d) at the same time, the Defendant stopped the said vehicle with the repair cost of KRW 709,409, and did not immediately stop and take necessary measures to escape without any necessary measures.
B. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in light of the legislative intent and protected legal interest of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the following should be comprehensively taken into account: the details and contents of the accident, the victim’s age and degree of injury, and the circumstances after the accident.