특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 20 million won.
Defendant .
1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)
A. The court below found Defendant A not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury) against Defendant A and the violation of the Road Traffic Act (AF) even though Defendant A driven a sea-going vehicle despite driving it, Defendant A caused a situation in which the identity of the person causing the traffic accident is unknown, and Defendant B requested insurance treatment, and did not take any relief measures at the site of the accident, despite the fact that Defendant A did not take any rescue measures. 2) The court below acquitted Defendant C and D of the facts charged against the above Defendants despite aiding and abetting Defendant A to drive alcohol, and even though Defendant C and D assisted Defendant A to escape by making a false statement to an investigative agency, the court below acquitted all the charges against the above Defendants
B. The lower court’s sentencing (Defendant A: a fine of KRW 15 million; and Defendant B: a fine of KRW 2 million) on Defendant A and B is deemed to be excessively unjustifiable and unfair.
2. Determination
A. Judgment on the misunderstanding of facts against Defendant A 1) Determination on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) refers to the case where the accident driver does not take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, and does not take measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and runs away without taking measures under Article 54(1) of the Road Traffic Act despite the victim's awareness of the fact that the victim was killed due to the accident, thereby causing a situation where it is impossible for the person who caused the accident to confirm who caused the accident. As such, the "measures under Article 54(1) of the Road Traffic Act" includes the case where the victim or the police officer and other persons related to the traffic accident to identify the victim.