Whether res judicata effect on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of Article 50(2) of the Road Traffic Act (unreported)

The crime of violation of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of Article 50 (2) of the Road Traffic Act (unreported) are related to the violation of the duty of commission after traffic accidents. In full view of the attitude, time, and place relation of each act in each constituent element, it is clear that the two crimes are in a substantive concurrent relationship, and since social factual relation which forms the basis of both crimes is different, even if a summary order is finalized regarding the crime of violation of the Road Traffic Act, the res judicata does not affect

Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 50 (1) and 50 (2) of the Road Traffic Act, Article 37 of the Criminal Act, Article 326 of the Criminal Procedure Act

Defendant

Defendant

Attorney Park Byung-hee

Busan High Court Decision 92No405 delivered on June 25, 1992

The appeal is dismissed.

We examine the grounds of appeal.

In other words, the crime of violation of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the defendant's act of violation of Article 50 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of escape without taking measures under Article 50 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding and abetting a person by negligence while driving a vehicle, and aiding and abetting a victim. In other words, the crime of violation of Article 50 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of Article 50 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are all committed after traffic accidents, and in consideration of the form, time, place, etc. of these acts and social relation, it is clear that the above two crimes are in substantive concurrent relations and there are different.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.