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(영문) 서울남부지방법원 2018.05.17 2017노1762
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles 1) immediately after the instant accident, the Defendant immediately left the vehicle to death, and the victim taken pictures of the scene, and then deducted the Defendant from the vehicle, thereby hindering the passage of another vehicle, and the Defendant did not find the victim thereafter.

During that period, the defendant's driving vehicle's main part is postponed, and the defendant reported to the insurance company and moved to the industrial company.

Therefore, the defendant did not have any criminal intent to escape.

2) A victim driving vehicle has suffered minor damage to approximately KRW 200,000,000 for parts.

The victim also submitted two weeks' diagnosis reports, but it was normal daily life without any specific treatment, and immediately after the accident, the victim requested the defendant to move the vehicle, and made telephone conversations with the insurance company.

Considering these circumstances, the instant accident was not serious enough for the Defendant to take relief measures.

B. Even if the court below found the Defendant guilty of the facts charged, the punishment (amounting to five million won) set by the court below is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, in light of the legislative intent of the provision on the aggravated punishment of drivers of escape vehicles under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protection of such legal interests, etc., it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the drivers of the accident in fact.

If it is not recognized, the driver of the accident shall not take measures, such as aiding the victim, but leave the place of the accident.

Even if there is no violation of Article 5-3 (1) of the above Act, but it is necessary to take measures such as providing relief to the injured party.

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