특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is only used by the victim on the part of his own driving in the vicinity of the vehicle loaded by the defendant's driver, and there was no conflict with the chief sentence of the vehicle operated by the defendant. Therefore, since the defendant could not be aware that the traffic accident occurred due to the vehicle operated by him, the defendant could not be found to have intention to flee, the court below convicted the defendant of the facts charged in this case. Thus, the court below erred by misapprehending the facts, which affected the conclusion of
2. Determination
A. The "the case where the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means the case where the driver of an accident, despite his knowledge of the fact that the victim was injured, leaving the accident site before performing his duty under Article 50 (1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which the identity of the person who caused the accident cannot be confirmed. The degree of awareness of the fact that the victim was killed due to the accident as referred to in this context is not necessarily definite, but it is sufficient if the driver knew of the fact that the victim was killed even if he was directly confirmed at the accident immediately after the accident, he could easily confirm the fact of the accident if the driver was able to escape from the accident site without taking such measures, and even if he was aware that it was not about the occurrence of the accident.
(See Supreme Court Decision 9Do5023 delivered on March 28, 2000, etc.). B.
According to the evidence duly adopted and examined by the lower court, the lower court’s determination as to whether the Defendant had the intention to flee was committed, the Defendant did so at around 20:40 on August 26, 2012.