logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.09.06 2013노1494
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact-finding questions several times, the victim left away, and the victim's degree of injury is minor and there is no need to take relief measures, so it is not that the defendant escaped.

B. The lower court’s sentence of unfair sentencing (two years of suspended execution in August, fine of 150, and community service order of 120 hours) 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 provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim or a police officer, etc.” refers to a situation in which it brings about a situation in which it is impossible to determine who caused the accident by leaving the accident site prior to performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, even though the driver aware of the fact that the victim was killed or injured. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic danger and impediments that occur on the road and ensure safe and smooth traffic by preventing and removing traffic accidents. As such, measures to be taken by the driver are to be taken in accordance with specific circumstances such as the content and degree of the accident, and the degree is ordinarily required in light of a sound form. However, it includes the identification of the driver of the accident, such as the victim or the police officer, and the provisions of Article 5-3(1) of the Act on Aggravated Punishment, etc.

arrow