특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The lower court convicted the Defendant of all of the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and violation of the Road Traffic Act (or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) on the ground that the Defendant was guilty, on the following grounds: (a) misunderstanding of the facts and the legal principles, the Defendant had a little number of times at the mother conference near the scene of the accident operated by the wife to request assistance from the wife; (b) not only the need to prevent and eliminate traffic risks and obstacles at the time, but also the need to take relief measures against the victim.
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. "When the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim of the specific crime as provided in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" refers to the case where the driver of the accident does not take measures under Article 54 (1) of the Road Traffic Act, but leaves the place for the accident so it is impossible to determine who caused the accident. The measures under Article 54 (1) of the Road Traffic Act include the case where the driver is identified as the victim of the accident or the person related to the traffic accident (see Supreme Court Decision 2002Do5748, Mar. 25, 2003). In light of the legislative purport of the provision on the Aggravated Punishment, etc. of Specific Crimes Article 54-3 of the Road Traffic Act concerning the Aggravated Punishment, etc. of Traffic Accidents and the legislative purport of the provision on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Aggravated Punishment, to the driver of the accident.