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(영문) 서울서부지방법원 2017.12.07 2017노1200
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the appeal is that the victims of the instant accident need to take measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victims, because the victims of the instant accident were relatively insignificant;

shall not be deemed to exist.

In addition, the accident of this case does not directly conflict with the defendant's vehicle, so the accident of this case occurred by the defendant's negligence.

In light of the fact that the Defendant was unable to be aware of the fact that he was unable to know, and that the Defendant had an intention to flee in light of the fact that the Defendant was voluntarily present at the investigation agency later, on the ground that he was aware of the fact that the Defendant had no negligence on his part, and that he had an intention to flee.

It is difficult to see it.

Although the court below found the defendant guilty, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The term "cases where an accident driver runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting a victim, etc." as prescribed by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means cases where the accident driver brings about a situation in which it is impossible to confirm who caused the accident, leaving the scene of the accident before fulfilling his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding and abetting the victim, although he/she knows that the victim was killed or injured, etc.

Therefore, in order to establish a crime of escape driving, the result of death and injury must arise to the victim. However, annoying person cannot be treated as an "injury" as stipulated in Article 257(1) of the Criminal Act, and thus, there is no need for treatment. Accordingly, it thereby infringing on health conditions.

If it is difficult to see, the above crime is established.

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