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(영문) 부산지방법원 2014.11.21 2014노3381

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was dispatched to the scene of a traffic accident, left the scene with permission from the police officer, and escaped from the scene of the traffic accident.

There was no intention to escape or to escape.

B. The sentence of a fine of KRW 3 million imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. 1) In full view of the evidence duly adopted and examined by the court below, the court below rejected the defendant's defense suit on the ground that the defendant's act constitutes "when the victim or any other person runs away from the scene without disclosing the fact that the victim or any other person was involved in the traffic accident, and after indicating his identity to the police officer, left the scene." Article 54 (1) of the Road Traffic Act states "Article 50 (1) of the Road Traffic Act" but the defendant appears to be a clerical error. However, since the defendant's act causes a situation where it is impossible to confirm who caused the traffic accident in this case without taking necessary measures to take such as aiding the victim, the defendant's act constitutes "when the victim runs away without taking measures such as aiding the victim" as stipulated in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant's duty to rescue the victim at the scene of the accident without taking measures such as aiding the victim under Article 5-3 (1) of the Road Traffic Act."