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(영문) 광주지방법원 2014.08.28 2014노163
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not have any intention to commit an escape. 2) The sentence of the lower court (a fine of KRW 5 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The phrase "when the driver of an accident runs away without taking measures as prescribed by the provisions of Article 50 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means the case where the driver of an accident does not take measures as prescribed by the provisions of Article 54 (1) of the Road Traffic Act despite the victim's knowledge of the fact that the victim was killed or injured due to the accident and brings about a situation where it is impossible to determine who caused the accident as the person who caused the accident by leaving the accident place without taking measures as prescribed by the provisions of Article 50 (1) of the Road Traffic Act, and the phrase "measures as prescribed by the provisions of Article 50 (1) of the Road Traffic Act" includes the case's identification by the victim or police officer or other person related to the traffic accident (Supreme Court Decision 2002Do5748 Decided March 25, 2003).

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