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(영문) 대전지방법원 2013.09.11 2013노816

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The court below convicted the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) despite that it is not a crime of escape driving under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) since the victims of the accident in this case committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by mistake of facts or misapprehension of legal principles, although the victims of the accident in this case did not recognize the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) because the victims of the accident in this case committed a mere danger to life or body, or annoyed crime cannot be assessed as "injury" under Article 257 (1) of the Criminal Act, since there is no need for treatment. The court below erred by misunderstanding the facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. In light of the fact that the defendant's defendant is against unreasonable sentencing and that the victims and the defendant have agreed on it smoothly, the punishment imposed by the court below (the fine of KRW 10,00,000) is too unreasonable.

2. Determination

A. "When a driver runs away without taking measures under Article 50 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding a victim" as provided by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" means a duty under Article 50 (1) of the Road Traffic Act, such as aiding a victim, even though the driver was aware of the fact that