Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) In the misapprehension of the legal doctrine, the Defendant did not leave the scene before taking relief measures because the 119 first aid crew members, who completed relief measures, had a resident registration certificate and contact address.
Therefore, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.
(2) The sentence of the lower court’s improper sentencing (6 months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Judgment on the misapprehension of the legal principle of the defendant
A. The summary of the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main text) is a person engaging in driving a two-wheeled automobile with no number plate 249C 250c c.
On April 2, 2016, the Defendant driven the above two-wheeled vehicle on April 17:41, 2016, and driven the front side road of the D cafeteria located in Eunpyeong-gu Seoul Metropolitan Government at a speed that is difficult to be seen from the water light park room at the front of the D cafeteria.
Since the place is a place where the passage of people is frequent on the side streets of commercial buildings, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operation of the steering system by reducing speed and properly examining the right and the right of the driver of the motor vehicle.
Nevertheless, when the defendant neglected to do so and immediately proceed with the front side without living well, the defendant got the victim E (the 16-year old age) from the right side of the marined bank to the left side, and received the front part of the above two-wheeled vehicle.
Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as the field, salt, etc., in which the victim needs to receive approximately two weeks of medical treatment, but failed to immediately stop and take measures, such as providing relief to the injured party.
B. (1) Determination is made by the Road Traffic Act, such as aiding and abetting damaged persons, as stipulated in Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.