[특정범죄가중처벌등에관한법률위반(도주차량),도로교통법위반][공1993.10.15.(954),2681]
The case holding that even if the victim, who was shocked on the crosswalk due to the shock of the vehicle, crosses the road on his own, it constitutes "when the driver runs away without taking relief measures after the accident" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, in case where the driver does not comply with it despite confirming the injury of the victim, and taking relief measures.
Even if the victim, who was shocked on the crosswalk due to the shock in the vehicle, cross-road crossings the road, if the driver of the vehicle involved in the accident, confirmed the victim's injury and took relief measures such as moving to the hospital, but did not carry out such relief measures, but did not have a smooth resolution of the accident, it constitutes "when the driver runs away without taking relief measures after the accident" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.
Article 5-3 (1) of the Aggravated Punishment Act
Supreme Court Decision 85Do1462 delivered on September 10, 1985 (Gong1985, 1375) 91Do1831 delivered on April 10, 1992 (Gong1992, 1636) 92Do3437 delivered on June 11, 1993 (Gong193, 2066)
A
Defendant
Gwangju High Court Decision 92No621 delivered on April 30, 1993
The appeal is dismissed.
The grounds of appeal are examined.
In light of the records, the fact-finding of the court below is just and acceptable, and the circumstance of the traffic accident in this case is that the defendant is driving a vehicle without a license, and the defendant shocks the victim at the crosswalk while driving the first line of the third line of the road on the road without a license (in front of the vehicle, knee part of the victim's right-hand side with the right-hand side of the victim's right-hand side and used for the victim's seat), and continuously driving 40 meters away, while driving the vehicle at the crosswalk and moving back to the scene of the accident. After the accident, the court below's finding that the victim was able to see that the defendant's act of not getting off the vehicle at the time of the accident and did not have any error in the law, such as "the driver of the vehicle," and it is not sufficient that the defendant's act of not having been able to know that the victim was a driver of the vehicle in this case's own situation and did not have any error in the law as stated above."
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jong-soo (Presiding Justice)