특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The victim suffered from the instant traffic accident by mistake of fact
In light of the parts and degree of the alleged injury, the degree of damage to the vehicle, etc., there was no need to take relief measures against the victim or measures to remove the risks or obstacles to the traffic.
In addition, the statement made by the victim that the defendant escaped without taking necessary measures, such as aiding the victim, is difficult to believe because it is distorted or exaggerated in light of various circumstances at the time, such as the fact that the defendant was living in the scene at the time, the defendant left the scene and immediately returned to the site, etc. There is no other evidence to prove the fact that the defendant escaped, and there was no intention to commit the crime of escape.
Nevertheless, the judgment of the court below which convicted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and the violation of the Road Traffic Act (after the accident), among the facts charged in the instant case, is erroneous in the misapprehension of facts and thereby affecting the conclusion of the judgment
B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. In light of the legislative intent of the provision on the aggravated punishment of drivers of escape vehicles and their legal interests, etc., the determination of the assertion of misunderstanding the fact (1) was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victims in fact.
If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.
Even if there is no violation of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, whether there was a need to take measures, such as aiding and abetting the victimized person, is the details and contents of the accident, the age of the injured person and the age of the injured person.