특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. Since the Defendant was injured at the time of the instant case, and was in a state of being in the driver’s seat of his car, it was impossible to rescue the victims of D, etc., and the Defendant presented an identification card to the police officer dispatched. As such, even if the Defendant got out of the hospital after being transmitted to the hospital, it cannot be deemed that the Defendant escaped without fulfilling the “necessary measures” under Article 54(1) of the Road Traffic Act, and there was no intention to commit a crime against the Defendant.
Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. Determination of misunderstanding of facts or misapprehension of legal principles 1) "A case where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means a case where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim although he/she was aware of the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed (see, e.g., Supreme Court Decisions 9Do2869, Dec. 7, 199; 2005Do8264, Jan. 26, 2006) by the evidence duly adopted and investigated by the court below, in light of the above legal principles, the defendant is driving a motor vehicle:
It is the fact that the victims were injured by their own negligence without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding victims D, etc., and escape.