특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment below is reversed, and the case is remanded to the Daegu District Court.
1. According to the reasoning of the judgment of the court below, the court below acknowledged the facts as stated in its holding, and found that the evidence submitted by the prosecutor alone proves, without reasonable doubt, that the defendant left the instant site as a criminal intent of escape.
It is difficult to see the defendant as being not punished as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of the Road Traffic Act (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes).
2. Examining the reasoning of the lower judgment in light of the record on the grounds of appeal as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the violation of the Road Traffic Act (i.e., an accident), the lower court affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the violation of the Road Traffic Act (ii)
In conclusion, there was no error of misapprehending the duty to take relief measures, intent of escape, or violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by misapprehending the legal principles as to the criminal intent of non-measures after traffic accidents in the crime of violation of the law of logic and experience.
The Prosecutor’s ground of appeal on this part is unacceptable.
3. As to the grounds of appeal as to the occupational and practical injury, the crime provided for in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when a person who commits the crime provided for in Article 268 of the Criminal Act runs away without aiding and abetting the victim, and the crime of occupational injury and bodily injury provided for in Article 268 of the Criminal Act is included in the crime provided for in Article 5-3 of the Act on the Aggravated Punishment
. must be seen.