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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.05.15 2014노3079
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After the instant traffic accident, the Defendant was immediately stopped and confirmed whether there was damage between the victim and the vehicle, but there was no external error or damage, and the victim also ought to contact the Defendant by informing the name and contact number of the victim. Thus, the Defendant cannot be deemed to have escaped because the victim knew of the name and contact number of the victim and leaving the site.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. "A case where a driver runs away without taking measures under Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding a victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means a case where a driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he/she was aware of the fact that the victim was injured due to an accident, resulting in a situation where the identity of the person who caused the accident cannot be confirmed. The purpose of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic danger and impediments occurring on the road and ensure safe and smooth traffic by preventing and removing traffic accidents. In such a case, the measures to be taken by the driver shall be considered appropriately according to the specific circumstances, such as the content of the accident and degree of damage, and such measures shall be included in the identification of the driver of the accident, such as the victim or police officer.

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