특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the violation of the Road Traffic Act from among the facts charged in the instant case, the Defendant did not recognize that the victim was in need of relief due to the injury at the time of the instant case, and did not know his personal information on the part of the victim. Therefore, there was no intention of escape.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as prescribed in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protected legal interest thereof, in a case where it is not acknowledged that the accident driver required to take measures under Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, even if the accident driver left the place of the accident without taking measures such as aiding the victim, it does not constitute a violation of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, whether it was necessary to take measures such as aiding the victim, etc. should be determined by comprehensively taking into account the details and contents of the accident, the age and degree of the victim's injury, and the circumstances after the accident. In light of the fact that Article 54 (1) of the Road Traffic Act grants the person who caused the accident an emergency relief responsibility, it is recognized that there was no need to take relief measures such as aiding the victim.
It should be objectively and clearly revealed immediately after the accident that there is no need to take other emergency measures, and only after the accident, there is no big inconvenience for the victim's movement, and the appearance of the victim.