특정범죄가중처벌등에관한법률위반(도주치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal by the prosecutor (in fact, misunderstanding the legal principles) (the Defendant, while driving a vehicle, has a shock of pedestrians by negligence, should immediately stop the vehicle and have taken measures, such as providing relief to the victim. As the Defendant became aware of the fact of the accident and the damage and left the scene without any rescue measures, there is a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) (hereinafter “Aggravated Punishment, etc.”).
Therefore, the judgment of the court below that found the defendant guilty only for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and that the crime of violation of the Specific Crimes Aggravated Punishment Act was not guilty on the ground is erroneous and erroneous.
2. After recognizing facts as indicated in its holding, the lower court determined that it is difficult to view that the Defendant was in need of taking measures, such as providing relief to the victim, in light of the victim’s injury injury injury, treatment period and details, the victim’s attitude after the instant accident, etc., and no other evidence exists to deem that the Defendant was obligated to take relief measures, and it is difficult to view that the Defendant recognized the duty to take relief measures.
Accordingly, the court below judged that the part of the facts charged against the Act on Special Cases Concerning the Settlement of Traffic Accidents is not guilty, and found guilty only for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents within the scope of the facts charged.
3. Judgment of the court below
A. "When a driver runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim under Article 5-3 (1) of the Specific Crimes Aggravated Punishment Act" means a situation in which the driver of an accident, even though he/she was aware of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, is unable to determine who caused the accident.