(영문) 서울중앙지방법원 2020.06.10 2019노2152

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(영문) 서울중앙지방법원 2020.06.10 2019노2152

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

A fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds of appeal 1) Defendant (1) cannot be deemed as a bodily injury that is subject to criminal punishment due to a minor injury that is natural therapy. The injury inflicted by the victim is not an injury caused by traffic. ② The traffic accident inflicted by the Defendant with respect to the violation of the Road Traffic Act (i.e., traffic accident) was a minor accident, and there was no need to take additional measures pursuant to the Road Traffic Act. The Defendant confirmed the site of the vehicle off and the father of the Defendant continued to be on the site of the vehicle. (ii) The punishment of the lower court of unfair sentencing (20 million won of fine) is unreasonable. (ii) The punishment of the lower court by the Prosecutor is unreasonable.

2. The summary of the facts charged as to whether there was an injury corresponding to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents 1 is that the Defendant, while driving a vehicle, received the front part of the victim's vehicle parked on the right side of the vehicle and demanded the victim to stop the vehicle according to the vehicle of the victim, but the Defendant continues to proceed, and the victim suffered from the left side of the victim's wheel part of the vehicle and the victim's left side, causing the victim to inflict an injury on the part of the

The prosecutor submitted the victim's diagnosis statement that the victim needs a stability and medical treatment for about two weeks in case of coordinates, sacrifies, and sacrifties.

According to the evidence submitted by the Defendant, the victim’s statement and CCTV images, etc., the situation at the time of the instant accident can be seen as follows.

The front of the victim's vehicle was parked on the road without distinction between the vehicle's roadway and sidewalk, while the defendant driving the vehicle while driving the vehicle on the road, and the front of the damaged vehicle was flicked to the right side of the vehicle.

The victim confirms that the vehicle number plate is far away from his own vehicle, and the difference of the defendant is confirmed.

참조조문

-교통사고처리 특례법

-도로교통법

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