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(영문) 인천지방법원 2017.10.25 2017노2612
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, after the occurrence of the instant accident, the Defendant parked on the side of the instant accident, taken into account the situation of damage, asked the VictimJ to report it by requesting a 112 report. As such, the Defendant took necessary measures after the accident. After the Defendant parked on the side of the instant accident, the Defendant left the vehicle without any choice to threaten the Defendant by two young people on the side, and left the vehicle.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the court below to the defendant (two years of suspended execution and forty hours of order to attend the course in August) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) "When the driver runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the damaged person" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means a situation in which it is impossible to determine who caused the accident, leaving the scene of the accident before performing the duty under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the injured person, even though the driver was aware of the fact that the injured person was killed due to the accident, and thus, the purpose of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road to ensure safe and smooth traffic. In such a case, the measures to be taken by the driver should be appropriately taken according to the specific circumstances, such as the content and degree of damage, to the extent ordinarily required in light of sound form, and it includes the relation between the injured person or the police officer, etc.

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