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The judgment of the court below is reversed.
Defendant
A 2 years of imprisonment, Defendant B 6 months of imprisonment, and Defendant C 2.5 million won of fine.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The misapprehension of the legal principle on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime A1) did not take relief measures after the occurrence of a traffic accident, but did not actively proceed with the act of escape. In addition, there was confusion as to who is the driver of the vehicle involved in the accident. However, in light of the fact that the Defendant and Co-Defendant did not remove the blackbox SD card within the harming Vehicle, etc., the Defendant did not have the intent to commit an escape. Nevertheless, the lower court erred by misapprehending the legal principle on the escape, thereby finding the Defendant guilty of this part of the facts charged. 2) The lower court’s sentence of unfair sentencing (six years of imprisonment) is too unreasonable.
B. Defendant B1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (A) and the violation of the Road Traffic Act (A), following the misunderstanding of facts as to aiding and abetting an accident after the occurrence of a misunderstanding of facts and misapprehension of legal principles, the Defendant moved from the top of the harming vehicle to the driver’
However, after the occurrence of the accident, there is no fact that the first and the first 119 first aid workers, who are driver of the vehicle, told that they "I would have fled while they had driven," and the above words are likely to have been co-defendant A.
Even if the defendant moved to another place as driver's seat, and the defendant was said to the effect that he driven by a woman, the defendant refused to take a bath when Co-Defendant A would flee, the defendant's act of moving to another place at the request of Co-Defendant A is merely an act of concealing the crime related to drinking driving, and the defendant did not leave the scene until the 119 emergency squad arrive after the accident. In light of the above, Co-Defendant aided and abetted the crime of aiding and abetting Co-Defendant A's act of aiding and abetting the crime of aiding and abetting after the accident.
c. of assistance or assistance.