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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the defendant's escape after erroneous occupational negligence, since the defendant was killed in the accident after the accident, he was responsible for the measures to rescue the victim to the wife who was on the family in the case after the accident, and was under the influence of alcohol and then scam in the bends of the accident site, the defendant's wife did not leave the accident site to conceal his status as a driver, and the defendant's wife took relief measures such as sending the victim to the emergency vehicle, and the defendant could sufficiently know that he was the driver of the vehicle, so there was no intention to escape, and the judgment of the court below convicting the defendant of the facts charged in this case.
B. The lower court’s sentence of imprisonment with prison labor for one year, which was sentenced to by the Defendant, is so unreasonable that the sentence of two years of suspension of execution and 150 hours of community service order is too unreasonable.
2. Determination on the grounds for appeal
A. The phrase "when the driver of an accident runs away without taking measures under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident deviates from the accident site before performing his/her duty under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim although he/she knew of the fact that the victim was killed or injured, causing unaccomparably confirmed who caused the accident. Meanwhile, the above relief measures are not necessarily necessary for the driver of the accident himself/herself, and it is no longer necessary for the driver of the accident himself/herself, or even if the other person takes relief measures prior to leaving the scene. However, the driver of the accident requested the witness of the accident to handle the accident merely, and in fact, taking relief measures such as transferring the victim