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(영문) 전주지방법원 2018.07.20 2017노1677
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by his negligence, did not know that the occurrence of a traffic accident was caused by the occurrence of the accident, and the occurrence of the casualties was caused, and there was no intention to escape.

In addition, the injury suffered by the victims due to the traffic accident did not reach the degree of injury under the criminal law that requires medical treatment.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the damaged person, etc.” refers to a case where the driver of an accident runs away from the accident scene before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the injured person, even though he/she knows that the injured person was killed or injured, resulting in unaccomparably determining who caused the accident. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic dangers and obstacles that occur on the road and ensure safe and smooth flow of traffic by preventing and removing traffic congestion. In such cases, measures to be taken by the driver should be appropriately devised depending on the specific circumstances, such as the content and degree of the accident, and the degree of such measures is ordinarily required in light of a sound form. This includes the driver’s identity of the injured person, such as the victim or the police officer, or the person involved in the traffic accident.

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