특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. As to the acquittal portion (the factual error and misunderstanding of legal principles) 1), in light of the circumstances such as the defendant's behavior and the victim's contact address or personal information immediately after the accident, and the fact that the defendant left the scene without notifying him/her of his/her contact address or personal information, it shall be deemed that the defendant left the site with his/her intention to escape. 2) The traffic accident occurred due to the negligence of driving the central line by the defendant
In addition, according to the degree of shock at the time of the accident, the details of the victim's treatment, the medical certificate, etc., the injury suffered by the victim is minor to the extent that medical treatment
Annoyying cannot be deemed to have infringed on the state of health or health, so long as it cannot be deemed that the state of health is merely annoying.
3) Even if there was no fugitives on the road at the time of the accident, so long as there was a risk that the victim would have been confiscing due to the Defendant’s escape, there was a danger that the Defendant could interfere with the flow of traffic. Therefore, the Defendant cannot be deemed to have fully taken necessary measures as prescribed by the Road Traffic Act, and thus, the crime of violation of the Road Traffic Act (i.e., the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., the Act on the Aggravated Punishment, etc. of Traffic Accidents) is established. (ii) Even if not guilty of the part dismissing public prosecution on the part dismissing public prosecution, it is an offense against which a public prosecution may be instituted regardless of whether to subscribe to a comprehensive insurance or not pursuant to Article 3(2) proviso 2 of the Act on the Aggravated Punishment, etc. of Traffic Accidents in the case of a central line. Nevertheless, the lower court found
The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Relevant legal principles
A. Aggravated punishment of specific crimes.