특정범죄가중처벌등에관한법률위반(도주차량)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) merely did not leave the site on the one hand while the Defendant attempted to leave the site without taking necessary measures, such as notifying his personal information, despite awareness of the accident and the victim's thoughts at the time of the instant case. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) was an abstract dangerous crime, and the Defendant committed an abstract risk of infringing on the legal interests and interests of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) solely on the ground that the Defendant attempted to leave the site. The lower court acquitted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) among
2. Determination
A. The phrase “when a driver runs away without taking measures as provided by Article 54(1) of the Road Traffic Act, such as aiding a victim,” as provided by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes to determine the assertion of mistake of facts refers to a case where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing his/her duty as provided by Article 54(1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which
Even according to the grounds for appeal by the prosecutor, the defendant did not leave the scene after causing the instant accident, and did not leave the site finally," and according to the records, such as the statement made by the witness L of the court below at the court below, the defendant did not leave the site.