특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts and misapprehension of the legal doctrine [the part concerning the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the part concerning the crime of violation of the Act] / Although the victim suffered injury as stated in the facts charged at the time of the accident as stated in this part of the facts charged (hereinafter "the accident of this case"), the injury was not easily known.
In addition, after the accident of this case, the defendant asked the victim as to whether he is fine or not, and the victim is fine, and the defendant left the scene of the accident after he delivered the victim the name of the defendant's identity to the victim.
In full view of the above circumstances and other circumstances, the Defendant, who had been aged more than the victim at the time of the instant accident, was not in place of any injury; the background leading up to the instant accident; the victim’s attitude at the time of the said accident; the process of the Defendant’s detection and investigation into police; etc., it was necessary to take measures, such as providing relief to the victim at the time; or the Defendant recognized the fact that the victim was injured by the said accident.
In addition, it can not be concluded that the defendant caused a situation in which the identity of the person who caused the accident can not be determined.
It is also difficult to see it.
The judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts and the misapprehension of legal principles, which affected the conclusion of the judgment.
2) The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. "When an injured person runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "Special Crimes Act")," means that the injured person is killed or injured by an accident.