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(영문) 대법원 2013.12.26 2013도9124

특정범죄가중처벌등에관한법률위반(도주차량)등

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The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.)

A. The term "cases where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act") means cases where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he/she knows that the victim was killed or wounded due to an accident, resulting

However, the purpose of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic. In such a case, the measures to be taken by a driver should be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures is to the extent ordinarily required in light of sound form, and such measures shall include information about the identity of the driver involved in the traffic accident such as the victim or the police officer.

However, Article 5-3 (1) of the above Aggravated Punishment Act takes into account that a driver who caused a traffic accident does not take measures such as aiding the injured party caused by the accident in the reality that a sound and reasonable traffic order corresponding to the rapid increase of a motor vehicle and a traffic accident has not been established and that a strong ethical criticism is possible, thereby protecting the public interest of traffic safety and protecting the personal legal interest of the injured party's life and body.