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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. It is difficult to view that the injury inflicted by misunderstanding the facts or misunderstanding the legal principles constitutes injury under Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, and the Defendant was unaware of the impulsed facts.
Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence of the lower court (an amount of KRW 2,500,000) is too unreasonable.
2. Determination
A. Fact-finding or legal doctrine 1) “When a victim of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to a case where the driver of an accident runs away from the scene prior to performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim despite the awareness of the fact that the victim was killed or injured (see Supreme Court Decision 2004Do250, Mar. 12, 2004, etc.). Here, the degree of awareness of the fact that the victim was killed or injured is not necessarily a final and conclusive but it is sufficient to recognize the fact that the victim was aware of the fact that the victim was killed or injured, while recognizing that the victim was aware that the victim was killed or wounded, if the accident was out of the scene and there is no possibility of omission from the scene from the scene.
In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court (see Supreme Court Decision 2010Do13091, Apr. 28, 2011). 2), the victim suffered injury as stated in the lower judgment’s reasoning due to the instant accident, and the Defendant knew of such fact even if it did so.