Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since around September 26, 2018, the Defendant was not aware of the fact that the same accident as the instant facts charged (hereinafter “instant accident”) occurred on or around September 26, 2018, the Defendant did not have any intention to commit each of the instant crimes.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Determination
A.The following facts and circumstances that can be acknowledged by the evidence duly adopted and examined in the court below's determination of erroneous determination of facts are as follows. ① The defendant confessions in the court below (i.e., the defendant was made under the sufficient assistance of the counsel. The confession statement is consistent with the victim's consistent statement of damage, and is credibility in its confession and rationality; ② According to the victim H's statement, the victim H photographs the damaged vehicle parked at the vehicle for about five minutes immediately after the accident in this case occurred, and the driver's seat on the vehicle in this case was removed from the vehicle, and the driver's seat on the vehicle in this case was removed from the vehicle. However, the defendant was found to have been driving the vehicle in this case without responding to it and left the accident site (Evidence No. 25 of the evidence record). ③ The defendant found a person who intends to receive unpaid construction price at the time of the investigation agency and caused a lot of accidents to occur, and he did not take measures to ensure that he did not have any contact with the vehicle in this case before the vehicle in this case.