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(영문) 서울중앙지방법원 2015.05.14 2015노1030
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (Misunderstanding or misunderstanding of legal principles) cannot be assessed as an injury under the Criminal Act because the degree of injury of the victims caused by the instant accident is minor enough to be naturally cured, and there was no obligation to take relief measures at the time of the accident. The Defendant, immediately after the accident, knew that the victim had been contacted with the victim and had been promised to take insurance measures, but did not escape from the place of accident with the intention of escape.

B. The prosecutor (e.g., a fine of KRW 7 million) sentenced by the court below is too unhued and unfair.

2. Judgment on the defendant's assertion (the factual errors or misapprehension of the legal principle)

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” refers to cases where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, causes una final and conclusive state of who caused the accident.

Therefore, in order to establish the above crime of escape driving, the result of the victim's thought should arise, and annoying, which is extremely extremely difficult to be evaluated as "injury" under Article 257 (1) of the Criminal Act, should be treated as an upper state, and thus, in a case where it cannot be deemed that the above crime of escape driving violated health conditions, the above crime is not established.

(See Supreme Court Decision 9Do3910 delivered on February 25, 2000, etc.). Meanwhile, in light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment of Drivers of Escape Vehicles and the protected legal interests and interests thereof, the accident driver is actually an accident.

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