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(영문) 광주지방법원 2015.04.16 2014노1859

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles 1) In full view of the parts and degree of injury suffered by the victims of the instant accident due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the period and content of the instant accident, the details of the instant accident, the health condition of the victims, etc., it does not constitute a case requiring relief measures as the degree of injury suffered by the victims is insignificant. Furthermore, even if the Defendant did not leave the instant accident site before leaving the scene of the instant accident, the Defendant provided the victim L, who suffered the most serious damage, with the name and contact of the victim of the instant accident. As such, the Defendant fulfilled all the obligation to confirm the identity, and the Defendant went away from the site of the instant accident to call with the insurance company, etc. after confirming the fact of the victim L’s report, and immediately moved from the site of the instant accident at the site of the instant accident to the police company, and thus, did not have any intention to escape. (2) The Defendant confirmed the police report of the victim, and contact the Defendant with the insurance company, thereby preventing any danger and interference.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

Judgment

A. Error of facts and misapprehension of legal principles; 1. "When a driver of an accident runs away without taking measures provided for in Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." provided for in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, means that the driver of an accident is aware of the fact that the victim was killed due to the accident, but provides relief to the victim, etc. before performing his/her duties provided for in Article 54 (1)