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(영문) 수원지방법원 2018.08.29 2018노3335
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant alleged misunderstanding of the legal principles and misunderstanding of the facts, the Defendant reported the 119 and 112 to the driver of the primary accident, and moved the victim who was in a four-lane way with D along with D to the side. After 119 first-aid vehicle, the victim was loaded with the victim and transferred the victim to the hospital, and there was no intention to commit the escape since it took all relief measures other than the contact address, and there was no intention to commit the escape.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

Shedd Sentencing Sentencing Med. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The phrase “when the driver runs away without taking measures under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” as to the assertion of misunderstanding the facts and misapprehension of the legal principles refers to cases where the driver of the accident runs away from the scene of the accident before he/she performed his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the injured person, although he/she was aware of the fact that the injured person was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles that occur on the road and ensure safe and smooth traffic by preventing and removing them. In such cases, measures to be taken by the driver should be taken according to the specific circumstances, such as the content of the accident and degree of damage, and the degree thereof is usually required in light of a sound form. It includes the identification of the injured person or the person who caused the accident, including the police officer (see, e.g., Supreme Court Decision 2012Do274.

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