In a case where a bicycle, which was parked on the side of the road and was driven in the later side by opening the door of the driver's seat, was shocked to inflict an injury on the driver, and left the road without any relief measures, the case holding that the driver falls under the "driving driver" under Article 5-3 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes.

The case holding that in the case where a bicycle, which was parked on the road side after the parking of a motor vehicle, was broken down in the front part of the driver's seat and went off without any rescue measures, and then left the road without any rescue measures, it is deemed that the driver constitutes "driving driver" under Article 5-3 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010).

Article 5-3 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010)

Defendant

Defendant

Suwon District Court Decision 2009No5118 decided January 21, 2010

The appeal is dismissed.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below held that if the defendant parked on the road of this case and parked from the site without any rescue measures, if he gets injured by the victim's bicycle driver hand who was driving on the road of this case after parking the motor vehicle of this case, and got injured to the victim, the defendant's act without any rescue measures, the defendant's aggravated punishment provision on the driver of the escape vehicle of this case as provided in Article 5-3 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter "the Act") constitutes a case where the driver of the escape vehicle of this case, i.e., the driver of the escape vehicle, who caused the traffic accident, runs away without any rescue measures. In light of the above legal principles as stated in Article 5-3 (1) of the Act, the court below's determination that the driver's punishment provision on the driver's death and body of this case is legitimate and 300.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Dai-hee (Presiding Justice)