(영문) 수원지방법원 2020.11.13 2020노3356 | 리걸엔진

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(영문) 수원지방법원 2020.11.13 2020노3356

특정범죄가중처벌등에관한법률위반(도주치상)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not recognize that the Defendant was shocking the victim on the electric kick, and did not have any criminal intent to escape.

Unlike this, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the term "when the driver runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim or aiding the victim," under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident, even though he/she knew of the fact that the victim was injured, leaving the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which the identity of the person who caused the accident cannot be confirmed. The degree of awareness of the fact that the victim was killed due to the accident in this context is not definitely definite but does not necessarily require confirmation, and if the driver of the accident had escaped from the accident site with the knowledge that it was not a separate one, even though he/she could have easily confirmed the fact of the accident if he/she had been directly confirmed immediately after the accident.

(See Supreme Court Decision 9Do5023 delivered on March 28, 2000). According to the evidence duly adopted and examined by the court below, the defendant: (i) while driving a motor vehicle at a place as indicated in the judgment at the same time and driving a four-lane of the four-lane road, the defendant was driving the motor vehicle and driving it on the right side of the motor vehicle, and (ii) as part of the motor vehicle is left on the right side of the motor vehicle, the victim’s left side of the motor vehicle, which

참조조문

-도로교통법 제54조 제1항

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

참조판례

-대법원 2000. 3. 28. 선고 99도5023 판결

유사 판례

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