특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal stated that the Defendant stopped immediately after the instant traffic accident, and ordered F, a driver, to write his name and contact address, and whether he is fine or not.
“A person who is fine” is asked to leave the site with the consent that he or she will hear and attempt to leave the site. As such, there was no intention to escape.
B. The injury suffered by the victims due to the instant traffic accident was insignificant to the extent that it is not necessary to take relief measures, and even if the defendant left the scene without taking relief measures at the scene, it does not constitute an accident after the accident under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and does not constitute an accident under the Act on Special Cases concerning the Settlement of Traffic Accidents.
Nevertheless, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. According to the evidence duly adopted and examined by the court below regarding the violation of the Road Traffic Act (i.e., measures taken after the accident), the part behind the damaged vehicle was severely damaged by shocking the damaged vehicle; the defendant's vehicle at the time of leaving the site was moored to the knife for towing but the damaged vehicle was stopped on the road as it was without yet being towed; and the fact that the 4,766,340 won was predicted at the repair cost of the damaged vehicle was presumed. According to the above facts, according to the above facts, the defendant needs to take measures to ensure smooth traffic by preventing and removing the danger and impediment to traffic caused by the accident of this case.
Nevertheless, the defendant's act of leaving the scene without taking such measures constitutes a violation of the Road Traffic Act. Thus, this part of the defendant's assertion is rejected.
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