특정범죄가중처벌등에관한법률위반(도주차량)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The instant traffic accident of misunderstanding legal principles conflicts with the right side part of the melting vehicle while the victim crosses the melting vehicle to the left side from the right side of the direction of the melting vehicle while the melting vehicle that the Defendant is driving on the crosswalk, which is the point of the instant accident.
At this time, the defendant stopped a sea-going vehicle and confirmed the occurrence of an accident at the location of the accident, and it leads to the judgment that there is no injury to the victim due to the occurrence of an accident by reporting the form of the victim who has already exceeded 40 to 50 meters of the crosswalks.
Ultimately, in the instant traffic accident, the determination that the victim did not reach the necessary level of relief due to a minor injury is erroneous in the misapprehension of legal principles as to the duty to rescue the victim, and that the escape was recognized by violating the duty to rescue.
B. The lower court’s sentence of an unreasonable sentencing (a fine of eight million won) imposed on the Defendant is too unreasonable.
2. Determination:
A. As to the assertion of misapprehension of the legal principles, in light of the legislative intent and legal interest and protection of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, in a case where it is not deemed necessary for the accident driver to take measures under Article 54 (1) of the Road Traffic Act, such as taking comprehensive account of the details and contents of the accident, the victim’s age, the part and degree of the injury, the circumstances after the accident, etc., even if the accident driver actually leaves the place of the accident without taking measures such as aiding the victim, it does not constitute a violation of Article 5-3 (1) of the Road Traffic Act.
However, whether it is necessary to take the above relief measures is the victim's injury level and degree, the contents of the accident, the circumstances after the accident, the time, circumstances, period and contents of the treatment, and the age and contents of the victim.