특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (in fact-finding or misapprehension of legal principles) is that the Defendant did not inform the victims of the name and contact information of the Defendant in the course of moving the vehicle from the victim B to the side after the accident in this case. As such, the Defendant did not have any criminal intent to escape, since the degree of shock caused by the accident in this case is insignificant, and it is difficult to view that the victims suffered an injury to the extent that it is necessary to take relief measures. Thus, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-3 (1) 2 and Article 268 of the Criminal Act shall be either imprisonment for a term of not less than one year or a fine of not less than 5 million won but not more than 30 million won. The court below sentenced the defendant to a fine prescribed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) against the victim B with the largest concurrent relationship and did not reduce the amount of punishment. If the defendant is punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) against the victim B with the largest concurrent relationship, the defendant cannot be sentenced to a minor sentence of a fine of not less than 5 million won, but sentenced to a fine of not less than 3 million won which is lower than the lower limit of the applicable sentence. Thus, the judgment below
However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, and the following is examined.
B. The following circumstances, i.e., the Defendant’s vehicle immediately after the instant accident, which were duly adopted and investigated by the lower court, are acknowledged by comprehensively taking account of each evidence duly admitted and investigated by the lower court.