특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds of appeal is that the injury suffered by the victims due to the traffic accident in this case was insignificant to the extent that the defendant is not required to take relief measures, and even if the defendant left the scene of the accident without taking relief measures against the victims, it does not constitute the "dominants" as referred to in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. Therefore, the court below erred in the misapprehension of legal principles that found the defendant guilty of this part of the facts charged
2. The summary of the facts charged in the instant case is a person engaging in driving service of a passenger car that he owns.
On December 15, 2014, at around 17:20 on December 15, 2014, the Defendant moved the front of the three-distance road in the sex of Ulsan-dong, Ulsan-do into the speed of about 20 kilometers in speed from the tri-distance bank to the Asan-ro bank.
The location had a duty of care to prevent accidents by making a bypass through the method of accurately manipulating the entire course, the front line, the well, and the steering gear when intending to make a bypass to a very frequent place of vehicle traffic.
Nevertheless, the Defendant neglected this and led to the failure of the victim D(33) to drive the E-Poter 2 vehicle due to the failure of the Defendant to stop the vehicle on the front side of the same room at the time.
Ultimately, the Defendant damaged the property of KRW 119,130, such as the repair cost of the damaged vehicle compliance panel(s) due to the above occupational negligence, and left the scene without taking any measures such as restoration of damage and exchange of contact information, even though the Defendant injured the victim D, who requires the stability of approximately two weeks of medical treatment for about two weeks, injured the victim F (30 years of age) by suffering from the injury of the climatic salt, etc., which requires the stability of the climatic health care for about two weeks.
3. Determination
A. As to the relevant legal doctrine and the aggravated punishment of specific crimes, etc.