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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) is minor, so it cannot be deemed that the victim sustained the "injury" under Article 257 (1) of the Criminal Act.
Of the facts charged in this case, the judgment of the court below which found guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is erroneous.
2. Determination
A. "When a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting a victim" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means a situation in which it is impossible to confirm who caused the accident because the driver escaped from the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, although the driver knew that the victim was killed and wounded, such crime is not established (see Supreme Court Decision 9Do3910, Feb. 25, 200). Thus, if the crime of escape is established, the result of thought must occur to the victim, and if it is merely dangerous to life or body, or if it is difficult to deem that the crime of escape was committed as an "injury" under Article 257 (1) of the Criminal Act, it is no longer established (see Supreme Court Decision 9Do3910, Feb. 25, 200).
According to the evidence duly admitted and investigated by the court below, the following facts or circumstances are recognized:
① On March 25, 2013, at around 21:45, the Defendant: (a) driven the Defendant’s vehicle and entered the road front of the Seo-gu branch of the Seo-gu branch of the U.S. branch of the U.S. branch of the U.S. branch of the branch of the center beyond the median line; (b) caused an accident that she faces the front left side of the victim’s vehicle with the front left side of the vehicle.
(2) The speed of a vehicle that is accused at the time shall be speeded.