특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The lower court determined that the Defendant’s emergency evacuation was established as to the failure to take relief measures, etc. against the victims, on the ground that the Defendant appears to have transferred a patient in an urgent emergency situation in light of the state of G being transferred to the first-aid vehicle operated by the Defendant at the time of the instant traffic accident and the degree of the instant traffic accident.
However, this is based on wrong fact-finding, and the defendant's act does not meet balance, supplement, and suitability, which is the requirement of emergency evacuation, and there is no need for emergency evacuation.
B. The sentence of the lower court (a fine of 500,000 won) is too unfluent and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by ex officio, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant and the violation of the Road Traffic Act (unclaimed measures after an accident) are related to commercial concurrence. The facts charged about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are included in the facts charged as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, so long as it is judged to be guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, even if not guilty, it shall not be sentenced to the charge as to
Nevertheless, while recognizing the conviction of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the court below acquitted the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (unclaimed Measures after Accidents), on the grounds of easiness and clarity of the judgment. This is a violation of law affecting the judgment.