beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding of the accident and the degree of injury of this case, there was no need to take relief measures for victims, etc., the defendant's act does not constitute "when the victim runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the damaged persons, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.
(c)
The punishment of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When the driver of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding the injured person, etc.” refers to a case where the driver of an accident runs away from the scene of the accident before performing 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 injured by the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed, such as aiding the injured person, even though he/she was aware of the fact that the injured person was injured by the accident. The degree of recognition of the fact that the injured person was injured by the accident is not a conclusive but do not necessarily have to be known even if he/she was confirmed directly after the accident but could have easily confirmed the fact that the driver was aware of the intention to escape even if he/she did not take such measure.
It can be seen (see Supreme Court Decision 99Do5023 delivered on March 28, 2000, etc.). In addition, in light of the legislative intent of the provision on the aggravated punishment of drivers of escape vehicles under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and its protection legal interests, the driver of the accident is the driver.