(영문) 수원지방법원 2014.03.20 2013노3992 | 리걸엔진

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(영문) 수원지방법원 2014.03.20 2013노3992

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) As to the part of the crime, the Defendant (hereinafter, referring to the part of the crime), after confirming whether the victim was injured at the vehicle immediately after the occurrence of an accident, listens to the answer from the victim that “the victim is fine”, and leaves the scene after leaving the scene, such act does not constitute a case where the victim escaped without taking relief measures, etc.

(2) The lower court’s sentence of unreasonable sentencing (fine 2,500,000) is too unreasonable.

B. (1) In light of the fact that the prosecutor (1) misjudgments of facts (as to the acquittal portion), the physical damage caused by the instant accident was insignificant, but the two-lanes occurred among the four-lanes, the other vehicles passed on the road at the time, and the Defendant was at will, and there was a possibility of confluence of the victim by leaving the site at will, it shall be deemed that there was a possibility of causing another traffic danger and interference, and thus, the lower court acquitted the Defendant of the violation of the Road Traffic Act (after the accident). Therefore,

(2) The sentence of the lower court (the fine of KRW 2,500,000) on the charge of an unreasonable sentencing (as to the part on the charge of oil) is too uneasible and unreasonable.

2. Determination

A. (1) The case where a driver of an accident does not take measures under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding a victim, and runs away without taking measures under the provisions of Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, for the determination of the mistake of facts by the defendant and the prosecutor, refers to the case where the driver of an accident does not take measures under the provisions of Article 54 (1) of the Road Traffic Act, and brings about a situation where it is impossible to confirm who caused the accident by leaving the scene of the accident without taking measures under the provisions of Article 54 (1) of the Road Traffic Act. Therefore, the driver of an accident

참조조문

-도로교통법

-도로교통법 제54조 제1항

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

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