특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) The injury suffered by the victim due to the instant accident cannot be evaluated as “injury” as prescribed by Article 257(1) of the Criminal Act, and thus, annoying person, to the extent that it is extremely difficult to treat, cannot be deemed to have infringed on the health conditions of the victim. 2) In light of the developments and contents of the instant accident, the road conditions where the instant accident occurred, the degree of the injured person’s injury, and the degree of traffic obstacle or new danger caused by the instant accident, etc., the Defendant had intention to flee at the time.
It is difficult to deem that there was a need for relief measures under the Road Traffic Act.
3) Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged. (A) The Defendant, on April 14, 2014, driven a taxi (hereinafter “Defendant vehicle”) and proceeded at a speed of approximately 3 to 40 km from the ec.g., in the south of gender to the speed of approximately 3 to 40 km from the ec.g., the south of gender to the opposite side of the victim’s driver’s vehicle (hereinafter “victim’s vehicle”) running along the opposite direction in the opposite direction at the center of the center while driving the taxi at the speed of about 3 to 40 km from the ec.g., the Defendant got back the left-hand back of the victim’s vehicle (hereinafter “victim’s vehicle”).
(hereinafter “instant accident”). The instant accident occurred between the victims of the instant accident and the instant accident, due to the shock with the Defendant’s vehicle, a considerable noise occurred, such as flaging on the left-hand side of the vehicle and flaging the back door, etc. The victim immediately stops the vehicle and getting off the vehicle.