특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. According to evidence of misconception of facts or misapprehension of legal principles, since the defendant suffered injury to the victims by causing the instant traffic accident, while destroying the damaged vehicle, and without immediately stopping and taking necessary measures, such as aiding the victims, and leaving the scene as a criminal intent of escape, such as leaving the scene as they are, it is recognized that the defendant runs away from the scene. Thus, the judgment of the court below which acquitted the defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the violation of the Road Traffic Act (U.S.A.) by deeming that the defendant has no criminal intent to escape,
B. The sentence of the lower court (as to the portion of the charge of oil) is too uneasible and unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), the phrase “when a driver runs away without taking measures under the provisions of Article 54(1) of the Road Traffic Act, such as aiding a victim,” refers to a case where a driver of an accident runs away from the scene of an accident before performing his/her duty under the provisions of Article 54(1) of the Road Traffic Act, such as aiding a victim, although he/she was aware of the fact that the victim was killed due to an accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed, and the degree of awareness of the fact that the victim was killed due to an accident is sufficient if the degree of awareness
(see, e.g., Supreme Court Decisions 200Do2563, Jan. 5, 2001; 2012Do1474, Jul. 12, 2012). (2) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court.