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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
Summary of Grounds for Appeal
Since it is difficult to recognize that there was a need for relief measures since the physical integrity of the victim D caused the instant traffic accident, which could not be deemed to have been damaged by the function of life, or that there was an injury under the Criminal Act due to poor health conditions, due to the mistake of facts and misapprehension of legal principles, it is difficult to recognize that there was a need for relief measures. Moreover, at the time of the occurrence of the accident, the defendant exceeded the site by leaving the vehicle with the contact information of the defendant, without recognizing the injury of the victim, and the post transfer of the victim was followed by the defendant. Therefore, the defendant did not lead to a state in which the identity of the person who caused the accident cannot be confirmed by leaving the scene
In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court (7 million won of fine) on the Defendant is too unreasonable.
On the other hand, the court below rejected the above assertion in detail, and found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) on the ground that the defendant's assertion of mistake of facts and misapprehension of legal principles are identical to the grounds for appeal in this part of the judgment of the court below.
In light of the fact that Article 54 (1) of the Road Traffic Act grants emergency relief to a person who has caused an accident, the court below and the court of the first instance actively expressed that relief measures need not be taken, in order to recognize that there was no need to take such measures as providing relief to the victim, etc.
immediately after an accident occurs where there is no need to take any other emergency action.