특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not stop the accident immediately after the traffic accident in this case, and there was a possibility that the victim might conceal the Defendant, and there was a risk that the traffic may be obstructed by having the road set up without moving the vehicle to a safe place. As such, even if the above risk was not realized, the Defendant actually committed a crime of violating the Road Traffic Act (after the accident).
Nevertheless, the judgment of the court below which acquitted this part of the fact is erroneous.
B. The lower court’s sentence of unreasonable sentencing (a fine of 6 million won) is too uneased and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The lower court found the Defendant not guilty of this part of the facts charged, comprehensively taking account of the fact that fugitives caused by an accident on the road might not have existed, and that the victim did not drive the Defendant’s vehicle immediately after the accident.
B. The purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic dangers and obstacles occurring on roads.
A driver who causes a traffic accident shall take measures to the extent normally required in light of the sound form according to the specific circumstances, such as the details of the accident and the degree of damage.
If a driver who has caused a traffic accident drives a vehicle immediately after the accident without notifying his/her personal information or contact details, and deviates from the scene, it is difficult to deem that he/she has taken all necessary measures in that it may cause another traffic danger and impediment due to driving by the victim who is anticipated to restrain or drive away as well as driving of the escape itself.
Even if the damaged vehicle suffers a minor physical damage due to an accident and the softs are not scattered on the road, there are no special circumstances.