특정범죄가중처벌등에관한법률위반(도주차량)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the background of the instant case, the fact that the Defendant stopped after the accident, the words and actions of the victim immediately after the accident, etc., the Defendant did not have the criminal intent of escape, and in light of the degree of injury of the victim, the obligation to take relief measures at the time of the accident was not necessary.
B. The lower court’s sentence (one million won of a fine) is too unlimited and unfair.
2. Determination
A. Determination of the assertion of mistake of facts 1) The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) in the applicable legal doctrine
Article 5-3(1) of the Road Traffic Act provides that “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the victim, etc.” refers to a situation in which the identity of the person who caused the accident can not be confirmed because the driver of the accident went away from the scene before he/she performs his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, although the driver was aware of the fact that the victim was killed or injured (see, e.g., Supreme Court Decision 2008Do8627, Jun. 11, 2009). In light of the legislative intent of the provision on the aggravated punishment of the driver of an escape vehicle under Article 5-3 of the Act and the protection of legal interests thereof, if it is not recognized that the driver of the accident needs to take measures under Article 54(1) of the Road Traffic Act, such as aiding the victim, even if the driver of the accident leaves the place of the accident without taking measures such as aiding the victim.
However, whether there was a need to take measures such as aiding and abetting the victim should be determined by comprehensively taking into account the details and contents of the accident, the age and degree of the victim's injury, and the circumstances following the accident. However, Article 54 (1) of the Road Traffic Act provides that a person who caused the accident shall be a person who caused the accident.