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(영문) 대전지방법원 2014.09.04 2013노2168

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

After the occurrence of the accident in this case, the defendant taken the accident vehicle using a Handphone, received the accident from the insurance company by his own telephone, and reported it to the police, so there was no intention to escape.

In addition, the instant accident was a minor accident to the extent that the damaged vehicle was blickly blicked, and there was no injury to the victim immediately after the accident, and there was no special pain, and the injury claimed by the victim was caused by slick, and thus, it is difficult to recognize that the victim suffered the injury due to the instant accident, and it cannot be said that the situation requiring relief was the necessary situation.

The sentencing of the court below's decision on unfair sentencing (the 6 million won of fine) is too unreasonable.

Judgment

"When a driver runs away without taking measures under the provisions of Article 50 (1) of the Road Traffic Act, such as aiding a victim under the provisions of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding and abetting the victim of the accident" means the case where the driver of the accident deserts the scene of the accident before performing his/her duties under the provisions of Article 50 (1) of the Road Traffic Act, such as aiding and abetting the victim of the accident although he/she was aware of the fact that the victim was killed due

In this context, the degree of perception of the fact that the victim was killed due to an accident is not necessarily definite, but it is sufficient to recognize even if it is dolusent.

(See Supreme Court Decision 9Do5023 delivered on March 28, 2000, etc.). Meanwhile, the "measures under Article 54 (1) of the Road Traffic Act" includes disclosure of identity of a person related to a traffic accident, such as a victim or police officer, etc. (see, e.g., Supreme Court Decision 2002Do5748 delivered on March 25, 2003), and Article 54 (1) of the Road Traffic Act, such as aiding a victim by an accident driver.