Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are deemed to have caused the instant accident, and the instant accident cannot be deemed an accident requiring relief from the victim when considering the degree of injury suffered by the victim due to minor negligence. Therefore, the lower court found the Defendant guilty of the facts charged even though there was no intention to escape, which erred by misapprehending the legal principles on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.
2. Determination
A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles, the determination of whether to take relief measures is necessary should be made by taking into account the injury level and degree of the victim, the contents of the accident, circumstances after the accident, the starting time, circumstances, period and contents of treatment, the age and health conditions of the victim, etc. However, in the case of major cases, it can be determined that the defendant would not give the victim an opportunity to make a statement by directly communicating with the victim, or that the defendant stop at least the defendant and there is no need to take relief measures so that the situation of the victim would be visible. If the defendant did not so, it shall not be easily determined that there was no need to take relief measures (see, e.g., Supreme Court Decisions 2007Do2085, May 10, 2007; 2008Do1339, Jul. 10, 2008). According to the evidence duly adopted by the court below and the court below, it is reasonable that the victim suffers from the victim's body at the place where the traffic accident occurred.