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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the factual error) was not known that the instant accident occurred, and there was no intention to escape.
Even if the accident of this case was recognized, in light of the fact that the accident of this case was extremely minor, the defendant did not have an obligation to take measures under Article 54 (1) of the Road Traffic Act.
The injury of the victim did not reach the extent to be recognized as an injury under the Criminal Act.
2. Determination
A. (1) In order to establish the crime of escape driving under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, if it is difficult to deem that the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the Aggravated Punishment, etc.”) requires the result of the death or injury to the victim, annoying, which is extremely low to the extent that it cannot be assessed as “injury” under Article 257 (1) of the Criminal Act, is unnecessary for treatment as a superior agent, so it is difficult to deem that the crime of this Article is not established (see, e.g., Supreme Court Decision 97Do2396, Dec. 12, 197). In addition, in light of the legislative intent and legal interest of the provision on the aggravated punishment of escape drivers of vehicles under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, even if the victim’s age and degree of injury, degree and degree of injury, circumstances subsequent to the accident, etc. do not take measures against the victim.
(2) According to the evidence duly adopted and examined by the lower court, the victim was subject to an inspection on January 19, 2013, which is the day following the date of the instant accident, according to the evidence duly adopted and examined by the lower court (see, e.g., Supreme Court Decision 2007Do2085, May 10, 2007).