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(영문) 서울남부지방법원 2020.10.26 2020노181
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (the injury caused by a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) was committed by the defendant without knowledge of the fact that the person was injured and left the scene, so there was no intention to flee, and there was no need to take relief measures as the degree of injury of the

B. The sentence imposed by the lower court (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts refers to the case where the accident driver, while recognizing the fact that the victim was killed or injured, has escaped from the accident site before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, etc., and brings about a situation in which it is impossible to determine who caused the accident. Here, the degree of awareness of the fact that the victim was killed or injured does not necessarily need to be confirmed, and the degree of recognition of the fact that the victim was killed or injured is not definite, and it is sufficient if the accident driver was aware of the fact that he/she could easily confirm the fact of the accident if he/she was directly confirmed at the vehicle immediately after the accident, even though he/she did not take such measures, and if he/she escaped from the accident site without knowing that it was not a separate measure, in light of the legislative purport of Article 54(1) of the Road Traffic Act and Article 54-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as well as the need to take measures under Article 530 of the Road Traffic Act.

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