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(영문) 수원지방법원 2016.01.29 2015노4180
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not know of the occurrence of the accident at the time of the instant case, and thus, the Defendant had the intention to flee.

It is difficult to see it.

In addition, the victim suffered injury due to the accident of this case.

not, but has suffered injury to domestic affairs.

In addition, there was no need to take measures such as aiding victims at the time, as the nature is insignificant to the extent of natural therapy.

Nevertheless, the court below found a person guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and violating the Road Traffic Act (the measures not taken after the accident). Thus, the court below erred by misunderstanding the facts.

2. Determination

A. Determination as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i) in order to establish a crime of escape under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the victim’s result of thought should arise, and annoyingly, annoyingly, to the extent that it cannot be evaluated as a “injury” under Article 257(1) of the Criminal Act, does not need to be treated as an upper state, and thus, it thereby infringes on health conditions.

In a case where it is difficult to see it, the crime of this Article is not established (see Supreme Court Decision 97Do2396, Dec. 12, 1997, etc.). Also, in light of the legislative intent and protection legal interests and protection of the provisions on the aggravated punishment of drivers of escape vehicles under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, it was necessary for the driver of the accident to take measures, such as aiding and abetting the actual victim, by comprehensively taking into account the details and contents of the accident, the victim’s age and the degree of the injury,

If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.

Even if there is a violation of Article 5-3 (1) of the above Act.

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