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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding the facts and misapprehension of the legal doctrine, the Defendant: (a) immediately after the traffic accident as indicated in the judgment of the court below (hereinafter “accident”); (b) examined the victims’ status; (c) received an accident from the insurance company; and (d) solicited the victims to report or provide hospital treatment for at least 40 minutes; and (c) the Defendant informed the employees of the insurance company dispatched to the scene of personal information and contact details; (d) the victims were in the same construction site as the Defendant, and were issued with the insurance company’s employees; and (e) the victims were given notice of personal information and contact details; (e) at any time, the victims could confirm the personal information and contact details of the Defendant at the time of the accident; (e) the victims did not ask the Defendant about his personal information and contact details; and (e) the Defendant allowed the Defendant to leave the site; and (e) the Defendant attempted to reach an agreement by contact with the victims known through the insurance company immediately
shall not be deemed to exist.
Nevertheless, the court below found the defendant guilty of this part of the facts charged on the premise that the defendant escaped without taking necessary measures. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence sentenced by the court below to the defendant (the imprisonment of eight months and the suspended sentence of two years) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts and misapprehension of the legal principles, 1) "a case where an accident driver runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding the injured person, etc." under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, is stipulated in Article 54(1) of the Road Traffic Act, even though the driver was aware of the fact that the injured person was killed due to the accident.