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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the situation at the time of the instant traffic accident, the degree of injury of the victim D and the passenger L, the degree of damage of the damaged vehicle, the defendant's attitude after the traffic accident, and the possibility of confluence of the victim, etc., the defendant was required to take measures to ensure safe and smooth traffic by actually aiding the victim at the time of the instant traffic accident, or by preventing and removing traffic risks and obstacles, and thus, the defendant can be deemed to have escaped from the scene with the criminal intent of escape. Thus, the court below acquitted the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Dok-on) and the violation of the Road Traffic Act (the
B. The reasoning for the appeal by the Defendant is that the sentence of the lower court (one year of imprisonment, two years of suspended execution, and forty hours of compliance driving) is too unreasonable.
2. Determination
A. Determination of the mistake of facts or misapprehension of legal principles by the prosecutor (1) refers to a case where the driver of an accident runs away from the scene before performing his/her duty provided for in Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, even though he/she knew of the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident can not be confirmed, such as aiding and abetting the victim. Determination of whether the person who caused the accident remains away from the scene of the accident by the criminal intent of escape should be made reasonably by comprehensively taking into account the following: (a) details of the accident; (b) degree and degree of injury of the victim; (c) degree of negligence of the driver of the accident and the driver of the accident; (d) age and gender of the driver of the accident and the circumstances after the
Supreme Court Decision 26 December 26, 2013