특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment became final and conclusive.
1. In light of the language and behavior of the Defendant who was the driver of the instant vehicle at the time of the accident as indicated in the facts charged (hereinafter “instant accident”), and U, U, who was the driver of the instant vehicle at the time of the accident as indicated in the facts charged, and the situation before and after the instant accident, the Defendant cannot be deemed to have requested U to handle the said accident.
Furthermore, as long as the defendant had already left the scene of an accident when U did not take any relief measures, it cannot be said that the defendant had taken the measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim before escaping from the scene of the accident.
Nevertheless, the judgment of the court below which acquitted all of the charges on the defendant on the ground that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act cannot be established.
2. Ex officio determination
A. Article 254(1) of the Criminal Procedure Act provides that “In instituting a public prosecution, the indictment shall be submitted to the competent court”.
Meanwhile, Article 57(1) of the Criminal Procedure Act provides that “The date of preparation and its affiliated public office shall be stated in the document prepared by a public official, unless otherwise provided in the Act.”
In this context, “documents prepared by a public official” includes the indictment prepared by the prosecutor, so the indictment submitted to the competent court without the name and seal or signature of the prosecutor is in violation of Article 57(1) of the Criminal Procedure Act.
In addition, the indictment by presentation of indictment without the legal form is null and void in violation of the provisions of the law (Article 327 subparagraph 2 of the Criminal Procedure Act), barring special circumstances (Article 327 subparagraph 2).
However, in such cases, a public prosecution has been instituted.