(영문) 서울서부지방법원 2017.05.25 2017노153

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(영문) 서울서부지방법원 2017.05.25 2017노153

특정범죄가중처벌등에관한법률위반(도주치상)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact, discovered the victim who is flicking and cutting the crosswalk, stopped the vehicle, and the victim saw the Defendant’s blick and cut the crosswalk. The Defendant flicked the window on the road. The Defendant flicked the window on the road.

The victim was shocked, and the victim did not seem to open without any statement, and was off the site of the accident in this case.

The degree of injury of the victim is extremely weak, and the defendant was unable to recognize the fact that the victim was injured by the vehicle, and there was no intention of escape.

Although the court below found the Defendant guilty of the facts charged in this case, the court below erred by misapprehending the legal principles.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the phrase “a case where the driver of an accident runs away without taking measures as prescribed by Article 54(1) of the Road Traffic Act, such as aiding the injured person, etc., and without taking measures as prescribed by Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) refers to the case where the driver of an accident runs away from the scene of the accident before he/she performs his/her duty as prescribed by Article 54(1) of the Road Traffic Act, such as aiding the injured person although he/she was aware of the fact that the injured person was killed or injured.”

In this context, the degree of perception of the fact that the injured person was killed due to an accident is not necessarily required to be confirmed, but it is sufficient to recognize dolusently, and in case of leaving from the accident site when the injured person was aware that he was fully aware of the accident, there is a dolusent perception in the absence of such awareness.

The Supreme Court Decision 2010Do13091 Decided April 28, 201, etc.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

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