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The prosecutor's appeal is dismissed.
Reasons
1. The establishment of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is denied on the ground that the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is minor, under the premise that the driver of the accident immediately stops after the accident and takes measures to confirm the existence and degree of injury to the victim. In this case, the establishment of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be denied on the ground that the defendant in a typical escape case where the defendant failed to perform his/her minimum duty of stopping after the occurrence of a traffic accident, such as this case,
In addition, it is sufficiently proven that the damaged person suffered the injury due to the traffic accident in this case.
Nevertheless, the court below found the defendant not guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged against the defendant. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
2. Determination
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a victim of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” refers to a case where the driver of an accident runs away from the scene before he/she performs his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, and brings about a situation in which it is impossible to determine who caused the accident, although the driver was aware of the fact that the victim was killed due to the accident.
Therefore, in order to establish the above escape driving crime, the result of thought must arise to the victim, and the mere danger to life and body is limited, or annoyed, which cannot be evaluated as the "injury" as stipulated in Article 257 (1) of the Criminal Act, is no longer necessary to treat, and thus, it thereby infringing on health conditions.
see.