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(영문) 수원지방법원 2013.05.15 2013노409

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After the accident of this case, the Defendant sent the victim to the hospital after the accident of this case, and the nurse left the hospital without personal information on the ground that the nurse does not need to leave the hospital. However, after two days, the Defendant visited the hospital again for the payment of hospital expenses, and only did not contact with the victim because the hospital did not inform the contact address of the victim, and there was no intention of escape.

B. The sentence imposed by the court below on the defendant (one million won of fine) is too unreasonable.

2. Determination

A. 1) The phrase "when the driver of an accident runs away without taking measures under Article 50 (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 deserts the accident site before performing his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the victim although he/she was aware of the fact that the victim was killed or injured (see, e.g., Supreme Court Decision 2004Do250, Mar. 12, 2004). However, according to each evidence duly adopted and investigated at the court below, the defendant sent the victim to the hospital immediately after the accident, and the defendant, including the victim, may recognize the fact that he/she runs away from the site without notifying him/her that the person who caused the accident is the person who caused the accident. Thus, the act of the defendant is not a situation where the person who caused the accident cannot be confirmed.

3. In addition, according to each of the above evidence, the nurse does not leave the hospital without leaving the hospital because it is not necessary for the nurse to remain personal information as alleged by the defendant, and the defendant does not leave the hospital at the time.