beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim of misunderstanding of facts or misunderstanding of legal principles cannot be deemed to have suffered injury due to the instant accident.
In addition, the defendant left the vehicle immediately after the accident of this case and moved the bicycle from the vehicle to the safe place, ask the victim whether he is fine, and hear the answer that he is fine by the victim, and then leave the site by recognizing that the victim is not free from the scene, so the defendant's criminal intent of escape cannot be viewed as having been committed.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as provided in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the legal interest and protection thereof, if it is not recognized that the accident driver required to take measures as provided in Article 54 (1) of the Road Traffic Act, such as the actual rescue of the victim, etc., even if the accident driver left the place where the accident occurred without taking measures such as aiding the victim, it does not constitute a crime of violation of Article 5-3 (1) of the Road Traffic Act. However, whether it was necessary to take measures such as aiding the victim in fact should be determined by comprehensively taking into account the course and contents of the accident, the age and degree of the victim's injury, and circumstances after the accident. However, in light of the fact that Article 54 (1) of the Road Traffic Act grants emergency relief liability to the person who caused the accident, it is recognized that there was no need to take relief measures such as aiding the victim.
The circumstances that do not require any other emergency measure should be objectively and clearly revealed at the time immediately after the accident, and there was no big inconvenience to the victim immediately after the accident.