특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant did not know of the fact that he had caused the traffic accident, and there was no awareness of the fact that he had caused the traffic accident at the time of the accident, and there was no intention of escape.
B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (limited to eight months of imprisonment, two years of suspension of execution, 80 hours of community service order, and 40 hours of attendance order) is too unreasonable.
2. Determination
A. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) to determine the assertion of mistake of facts
(a) The same shall apply;
Article 5-3(1) of the Road Traffic Act provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” refers to cases where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before fulfilling his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, etc. (see, e.g., Supreme Court Decision 2004Do250, Mar. 12, 2004).” Here, the degree of recognition of the fact that the victim was killed due to an accident would be sufficient if the victim was aware of the fact that he/she was killed and wounded, and if the driver escaped from the scene of the accident, he/she was aware of the fact that the victim was killed and wounded, it would be sufficient for the victim to have been aware of the fact that he/she was killed, and the victim was aware of the fact that he/she was killed by the police immediately after the following judgment.”