2015Do3976 A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles)

【Recognized Crime Name: Aggravated Punishment, etc.

Violation (Death and Injury caused by Dangerous Driving)

(b) Violation of the Road Traffic Act;

(c) Violation of the Road Traffic Act;

A

Pacciny arsen

Attorney R (Korean National Assembly)

Seoul Southern District Court Decision 2014No2173 Decided February 12, 2015

May 29, 2015

The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

We examine the grounds of appeal.

1. As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the Defendant asserted that the Defendant was drunk at the time of the instant case, but did not have a difficult condition to drive normally, but this is merely disputing the fact-finding, which is the exclusive authority of the lower court

2. A. The lower court found the Defendant guilty of this part of the charges on the following grounds: (a) in light of the facts charged in violation of the Road Traffic Act (i) the Defendant’s violation of the Road Traffic Act, (ii) the fact that the Defendant strongly shocked the victim I’s autoping the cargo, (ii) the said accident caused by the Defendant considerably damaged the exhaustr, glass door, and (iii) the glass view damaged by the said accident was scattered far away from the Defendant’s loading of the cargo, as well as delivery, and (iv) the Defendant left the site without any direct confirmation of the situation at the scene of the accident, on the ground that there was a situation in which the Defendant at the time should take necessary measures to prevent, eliminate, and ensure safe and smooth flow of traffic risks and obstacles.

B. However, we cannot agree with the above determination by the court below for the following reasons. According to the evidence adopted by the court below, the defendant: (i) the defendant driving of cargo at around January 16, 2014 at around 02:20 vehicles, and driving at around the two-lane speed of about 20km each speed from the sidewalk and vertical direction; (ii) the exhauster of the above upper point and the entrance connected to the sidewalk, and damaged the goods located on the upper road, etc.; (iii) the glass view of the damaged entrance was scattered down before the entrance and the cargo loaded on the upper road; and (iv) the victim I was absent from the scene at the time of the accident; (iii) the convenience view of the above entrance was not scattered on the roadway at the time of the accident; and furthermore, it is difficult to view that the accident occurred at the time of the accident to ensure smooth traffic congestion and the passage of the damaged vehicle at the time of the accident, and further, it is difficult to deem the situation that the defendant did not take measures at the time of the accident and the passage of the new road.

Therefore, even if the defendant left the accident site without taking any particular measure, he cannot be punished as a violation of Article 148 of the Road Traffic Act. Thus, the court below's finding the defendant guilty of this part of the facts charged for the above reasons is erroneous by misapprehending the legal principles on the violation of Article 148 of the Road Traffic Act, and thereby making a judgment.

3. Therefore, without examining the remaining grounds of appeal, the part of the judgment of the court below which violated the Road Traffic Act (unexplosion measures) shall be reversed, and since this part of the crime and the remaining crimes shall be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the whole judgment of

Therefore, the lower judgment is entirely reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim In-bok

Chief Justice Min Il-young

Justices Park Young-young

Justices Kim Jong-il