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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: (a) the Defendant raised a fine to the victim after the accident occurs.
물어보니 피해자가 손뼉까지 치며 ‘ 다
There is no need for a hospital to take relief measures due to the lack of friendship, and it is determined that relief measures are unnecessary, and there was no criminal intent for escape from the scene of the accident.
In such a manner, the injured party did not make such a statement.
On the other hand, the judgment of the court below that recognized the defendant's criminal intent of escape was erroneous and erroneous.
2. Determination
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “Where the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the damaged person, etc.,” means the case where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016; hereinafter the same) and brings about a situation in which the identity of the person who caused the accident cannot be confirmed, although the driver was aware of the fact that the injured person was killed or injured.
This includes identifying the identity of the driver in relation to the traffic accident, such as the victim or police officer.
In determining whether a driver involved in an accident escaped from the scene of an accident with intent to commit a crime before performing his/her duty under Article 54(1) of the former Road Traffic Act, the following should be comprehensively taken into account: (a) the details and details of the accident; (b) the victim’s injury level and degree; (c) the degree of negligence of the driver involved in the accident; (d) the age and gender of the driver involved in the accident and the victim; and (e) the circumstances after the accident (see, e.g., Supreme Court Decision 2008Do8627, Jun. 11, 2009); (b) The following circumstances revealed by records and evidence that the defendant
may be appointed by a person.
Defendant’s assertion cannot be accepted.
1) At the time of the accident, the circumstances and degree of shock (1) the victim is 75 years of age.