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(영문) 서울중앙지방법원 2018.11.16 2018노1352
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the results of the appraisal by the National Institute of Scientific Investigation of Facts, it can be confirmed that there was no significant change in movement that may cause harm to the victims due to the instant accident, and that the victims suffered injury to the extent that it is necessary to take relief measures.

subsection (b) of this section.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases”) provides that “When an accident driver runs away without taking measures as prescribed by Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person,” refers to cases where the accident driver leaves the scene of the accident before performing his/her duty as prescribed by Article 50(1) of the Road Traffic Act, such as aiding and abetting the injured person despite his/her awareness of the fact that the injured person was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident.

Therefore, in order to establish the above escape driving crime, the result of thought should arise to the victim. The mere danger to life and body is limited, or annoyed, to the extent that it cannot be evaluated as the "injury" as stipulated in Article 257 (1) of the Criminal Act, is no need for treatment, and thus, it thereby infringing on health conditions.

In a case where it cannot be seen, the above crime is not established (see Supreme Court Decision 99Do3910, Feb. 25, 2000, etc.). In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as prescribed by Article 5-3 of the Act and its legal protection, etc., it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding a person actually damaged by the driver of the accident.

When it is not recognized, the driver of the accident shall be the victim.

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