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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. Summary of grounds for appeal;
A. At the time of the accident of mistake of facts or misapprehension of legal principles, the defendant did not have an intention of escape because he did not know the accident.
The instant accident was a minor accident in which the Defendant’s vehicle was light of the victim’s vehicle, and the victim did not have any injury to the extent that it is necessary to take relief measures, and there was no occurrence of the situation such as fugitives on the road or scaming the victim. Therefore, there was no need to take measures under Article 54(1) of the Road Traffic Act.
Nevertheless, the court below found all of the facts charged of this case guilty, which erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Determination
A. Determination on the assertion of mistake of facts or misapprehension of the legal principles as to the assertion that there was no intention to flee refers to the case where the driver of the accident who escaped from the accident site prior to the performance of the duty provided by Article 54(1) of the Road Traffic Act, such as aiding the victim, although the driver was aware of the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed because he/she escaped from the accident site prior to the performance of the duty provided by Article 54(1) of the Road Traffic Act (see, e.g., Supreme Court Decisions 98Do375, May 12, 1998; 9Do2869, Dec. 7, 1999). In this context, the phrase “the degree of awareness of the fact that the victim was killed due to the accident” is not necessarily required to be confirmed, and it is sufficient for him/her to do so (see, e.g., Supreme Court Decision 2004Do6485, Dec.
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