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(영문) 울산지방법원 2020.07.23 2019노1084
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal clearly stated to the effect that the victims are fine for the defendant immediately after the instant accident, and the defendant left the scene after informing the victims of the phone number of the owner of the Ototoba for his/her emergency measures, as the head and on the part of the head of the Gu and on the part of the head, after checking the victims' telephone number for his/her emergency measures.

2. In light of the legislative intent of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148 of the Road Traffic Act and the protected legal interests thereof, in a case where it is not deemed necessary for an accident driver to take measures under the provisions of Article 54(1) of the Road Traffic Act, such as providing relief to the victim in fact by taking account of the details and contents of the accident, the age and degree of the victim, the degree and degree of the injury, the age of the victim, and the circumstances after the accident, etc., even though the accident driver does not take measures such as providing relief to the victim, it does not constitute a crime of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes or a crime of Article 148 of the Road Traffic Act. However, the existence of the need to take measures at the time of the accident shall be determined by comprehensively taking into account the victim’s injury and degree, the situation after the accident begins, the period and contents of treatment, and the victim’s age and health condition.

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