도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. Fact-misunderstanding and misapprehension of the legal principles [Violation of Road Traffic Act (In the case of the traffic accident)] The traffic accident in the instant case merely caused minor injuries, such as light fluorites, which are the driver of the other vehicle, and the driver of the other vehicle, such as light fluored salt fluor not revealed inside the land, by the Defendant could not be recognized at the time of the occurrence of the accident. Since the driver of the other vehicle did not fall under the floor, there was no traffic danger and hindrance. Therefore,
Therefore, since the traffic accident of this case cannot be deemed as a situation requiring measures for the victim's relief and the restoration of traffic order, there is an error of misunderstanding of facts and misunderstanding of legal principles as to this part of the facts charged.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly examined by the lower court and the lower court as to the assertion of misunderstanding of facts and legal doctrine, the following facts and circumstances may be acknowledged.
① The Defendant stopped the vehicle immediately after the occurrence of the instant traffic accident, and divided the conversation with the husband of E and Dong who is the driver of the other vehicle, but left the scene of the accident while the husband of the said E reports to an insurance company in the absence of consultation on the handling of the accident or giving and taking contact information (Article 43 pages of the Investigation Records).
However, the crime of violation of the Road Traffic Act (not after the accident) may be established even if there is no reason to return to the occurrence of the accident (Supreme Court Decision 2015Do12451 Decided October 15, 2015). (3) The traffic accident in this case requires approximately two weeks medical treatment.