특정범죄가중처벌등에관한법률위반(도주치상)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) When there was a traffic accident claiming a misunderstanding of facts or a misunderstanding of legal principles as to the violation of the Road Traffic Act (unauthorized Measures after Accidents), it did not require measures under Article 54(1) of the Road Traffic Act at the time of the occurrence of the traffic accident, and the Defendant stopped immediately after the occurrence of the accident and took the above measures. 2) Inasmuch as the lower court acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and acquitted the Defendant on the misapprehension of the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (In
3) The sentence (2 million won of fine) imposed by the lower court on the ground of unfair sentencing is too unreasonable and unfair. (b) The prosecutor 1) the assertion of misunderstanding of facts and misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the part on acquittal and dismissal of prosecution by the lower court) are recognized as having escaped from the accident site without failing to take relief and identification measures under Article 54(1) of the Road Traffic Act, even though the Defendant caused a traffic accident as stated in this part of the facts charged, thereby causing
Nevertheless, the judgment of the court below which acquitted the defendant of this part of the charges on the ground that it is difficult to deem that the defendant was required to take relief measures at the time of the accident.
2. The sentence imposed by the court below on the ground of unfair sentencing is too uneasible and unfair.
2. Determination
A. The purpose of Article 54(1) of the Road Traffic Act to determine the misunderstanding of facts and misapprehension of legal principles on the defendant's violation of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road, thereby ensuring safe and smooth traffic, and thereby to recover the physical damage of the victim.