beta
Text
Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A (the maximum of 6 months of imprisonment with labor for Defendant A and the fine of 300,000 won for a short term of 10 months) is too unreasonable.
B. Regarding the charge of the violation of the Road Traffic Act (the measures not to be taken after an accident) among the facts charged against Defendant B, the subject to the necessary measures after an accident as prescribed by Article 54(1) of the Road Traffic Act is “the driver or any other crew member of the relevant vehicle.” The term “other crew members” in this context should be construed to include not only the person assisting the driving of the vehicle but also the person jointly responsible for the safe operation.
However, Defendant B owned an unregistered Oba and had Defendant A drive it on the upper part without a driver’s license, and was accompanied by that Oba. Thus, Defendant B constitutes a “other crew member” and the subject to necessary measures after the accident.
Nevertheless, the lower judgment that acquitted the Defendant of this part of the facts charged is erroneous or erroneous by misapprehending the legal doctrine.
2) The lower court’s sentence against the illegal Defendants (a short-term of 6 months of imprisonment with labor for a maximum period of 10,000 won and fines of 300,000 won, Defendant B’s fines of 2 million won) is too unhued and unreasonable.
2. Determination
A. In the case of causing death or injury to a person due to traffic, such as driving of a motor vehicle, the summary of the facts charged, the driver and other crew members of the motor vehicle shall immediately stop the motor vehicle and take necessary measures to provide assistance to casualties.
Defendant
B is the owner of CBR125 Oba, without A's driver's license, and is the latter seat, and around 03:29 of April 9, 2017, the above A is driving the above Oba on the front side of Mapo-gu Seoul Metropolitan Government D on April 9, 2017, along the two-lanes between the two-lane distance from the direction of the new region.