특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc., the Defendant did not recognize the occurrence of the instant traffic accident, and there was no intention of escape.
2) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), D did not have any position to the extent that the instant traffic accident could be evaluated as “injury” under Article 257(1) of the Criminal Act, and even if the Defendant escaped after the instant traffic accident, the said crime is not established.
3) As to the violation of the Road Traffic Act (unnecessary measures after accidents), the traffic accident in this case led to the occurrence of a traffic danger and obstacle on the road.
It is difficult to see the above crime, and it is not established.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.
2. Determination
A. Judgment on the misunderstanding of facts and misapprehension of legal principles 1-1
A. 1) We examine the assertion of paragraph (1).
The defendant has the same assertion as the defendant alleged in the original judgment.
The court below rejected this part of the defendant's assertion and its decision.
Examining this part of the judgment of the court below compared with the records, the judgment of the court below is justifiable.
Therefore, the defendant's assertion that this part of facts is erroneous is without merit.
2) The above 1-2
A. 2) We examine the assertion of paragraph (2).
In light of the legislative intent and legal interests and protection of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) and Article 148 of the Road Traffic Act, it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the driver of the accident, in light of the following: (a) the details and details of the accident; (b) the victim’s age and the level and degree of the injury; and (c) the circumstances after the accident.
When it is not recognized, the driver of the accident shall take measures, such as aiding the victim.