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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)
A. Defendant 1) The fact that the misunderstanding victims suffered injury, such as the victim’s “satisfed salt,” and “satisfed salt,” due to the misunderstanding victims’ failure to depart from the Defendant’s vehicle as they were, is acknowledged. However, there was no need to take relief measures under Article 54(1) of the Road Traffic Act. Thus, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.
2) The punishment sentenced by the lower court (a 3 years of suspended sentence for 1 year of imprisonment, a community service order of 200 hours, and a 40-hour compliance driving instruction) is too unreasonable.
B. The sentence imposed by the public prosecutor (a probation of one year, a community service order of 200 hours, and a compliance order of 40 hours) by the court below is too uneased and unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal doctrine, the term "dominance" referred to in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means a case where a driver of an accident leaves the scene of the accident before he/she performed his/her duty provided in Article 54 (1) of the Road Traffic Act, such as aiding the victim, causing the accident and causing an undetermined situation (see, e.g., Supreme Court Decisions 91Do1831, Apr. 10, 1992; 97Do2475, Nov. 28, 1997; 2002Do5748, Mar. 25, 2003; 2002Do5748, May 28, 2015).
In other words, the purpose of Article 54 (1) of the Road Traffic Act is to prevent traffic dangers and obstacles on roads and ensure safe and smooth traffic flow. In such a case, measures to be taken by drivers should be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures is to the extent ordinarily required in light of sound form. Accordingly, the accident driver is a person related to the traffic accident such as a victim or a police officer.