특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The victim F cannot be deemed to have suffered injury due to the instant traffic accident, and even if not, the Defendant did not recognize that the victim F was injured at the time of the accident, so it cannot be deemed that there was a criminal intent of escape in relation to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, since the Defendant did not recognize that the victim F was injured.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is too unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles (1) “the case where a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), refers to the case where the driver of an accident, despite having known that the victim was injured due to an accident, leaving the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which it
Therefore, in order to establish the crime of escape flight, the result of death should be generated to the victim.
In addition, in light of the legislative intent and legal interest and protection of Article 5-3(1) of the Act and Article 148 of the Road Traffic Act, if it is not acknowledged that the accident driver was necessary to take the measures under Article 54(1) of the Road Traffic Act, such as providing relief to the victim, the accident driver is a violation of Article 5-3(1) of the Act on Special Cases and Article 148 of the Road Traffic Act or a violation of Article 148 of the Road Traffic Act, even if the accident driver actually leaves the accident place without taking such measures as aiding the victim.