특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
A. Defendant 1) In fact, misunderstanding of facts and misunderstanding of legal principles that a vehicle driven by a defendant 1 had shocked the victim’s vehicle, but this does not result in the victim’s injury. Even if not, it cannot be said that there was a need to take measures, such as aiding the victim in light of the fact that the victim’s symptoms are insignificant. 2) The lower court’s sentence of unfair sentencing (two years of imprisonment with labor for a year suspension of one-year, community service, 80 hours, and 40 hours of attendance order) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as provided in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the legal interest protected by such provision, in a case where it is not recognized that the accident driver required to take measures as provided in Article 54 (1) of the Road Traffic Act, such as actually aiding the victim, even if the accident driver leaves the place of the accident without taking measures such as aiding the victim, it does not lead to a violation of Article 5-3 (1) of the Act on the Aggravated Punishment
However, whether it was necessary to take measures such as aiding and abetting the victim should be determined by comprehensively taking into account the details and details of the accident, the age and degree of the victim's injury, and the circumstances after the accident. However, in light of the fact that Article 54 (1) of the Road Traffic Act grants emergency relief responsibility to the person who caused the accident, the victim actively expressed that it is unnecessary to take relief measures in order to recognize that there was no need to take such measures as aiding and abetting the victim.
It should be objectively and clearly revealed immediately after the accident that there is no need to take any other emergency measure.