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(영문) 서울북부지방법원 2019.06.13 2018노1879

특정범죄가중처벌등에관한법률위반(도주치상)등

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Considering the misunderstanding of facts and the misapprehension of legal principles as to the first traffic accident (hereinafter “the second traffic accident”), when considering the physical damage of the damaged vehicle caused by the first accident and the degree of injury inflicted upon the victim H, it is difficult to deem that there was no intention of escape and that the injury of the victim H was caused by the first accident because the Defendant was not aware of the fact that the second traffic accident occurred due to the first accident. The victim H’s injury does not amount to “injury” under the Criminal Act, and even if it falls under “injury”, it does not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) because it is insignificant to the extent that it is not necessary to take relief measures. Even in the case of the evidence submitted by the prosecutor for the second traffic accident (hereinafter “the second accident”), it cannot be deemed that the fact that the Defendant sent the second accident to the extent that there was no reasonable doubt, and the Defendant did not recognize the fact that the second traffic accident occurred to the victim M due to the second accident.

The injury of the victim M does not amount to the "injury" under the Criminal Act, and even if it falls under the "injury," the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established because the degree of injury is insignificant and it does not

The sentence of the lower court on unreasonable sentencing is too unreasonable.

In light of the legislative intent and protected legal interest of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is necessary for an accident driver to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, considering all the details and details of the accident, the age and degree of the victim, and circumstances after the accident.