logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.25 2018노1542
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

In light of the Supreme Court Decision 2009Do787 Decided May 14, 2009, etc., it is reasonable to deem that a violation of Article 148 and Article 54(1) of the Road Traffic Act is established regardless of the details and degree of damage identified ex post facto in light of the legal principles as to the summary of the grounds for appeal (in relation to the failure to take measures after the accident), the Defendant stopped immediately after the accident in this case, and escaped without examining the situation of the accident. In such cases, the Supreme Court Decision (Supreme Court Decision 2014Do214 Decided March 13, 2014) is not applicable.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of legal principles.

The sentence of the lower court (one year of imprisonment, three years of suspended execution, etc.) against an unfair defendant in sentencing is too unhutiled and unfair.

Judgment

The judgment of the court below as to the assertion of legal principles (as to the point of non-measures after an accident), with regard to the violation of the Road Traffic Act (as to the point of action after an accident), among the facts charged in the instant case, the purpose of Article 54 (1) of the Road Traffic Act is not to prevent traffic danger and obstacle occurring on the road and ensure safe and smooth flow of traffic, and thereby to recover physical damage to the victim. In this case, the measures to be taken by the driver on the road should be appropriately taken according to the situation at the scene of the accident, such as the contents of the accident and the degree and degree of damage, and the degree of such measures must be taken to the extent ordinarily required in light of a sound form (see, e.g., Supreme Court Decision 2014Do214, Mar. 13, 2014); ① the shock between the victim's D driver's vehicle and the Defendant's vehicle, and ② the products, etc. are not scattered on the road following the shock of the victim's vehicle immediately after the shock of the victim's.

arrow