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(영문) 서울동부지방법원 2018.09.14 2018노796
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Since the Defendant took necessary measures to rescue the casualties under Article 54(1) of the Road Traffic Act and did not perform the obligation to provide personal information to the victims, the Defendant is recognized as the criminal intent of escape.

B. As the Defendant did not perform his duty to report to police officers, etc. pursuant to Article 54(2) of the Road Traffic Act, the Defendant’s intent of escape is recognized.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below as to whether the defendant violated Article 54 (1) of the Road Traffic Act, the evidence of this case, based on the judgment of the court below, is not sufficient to take relief measures against the victim at the time of the accident but went away from the scene of the accident as a criminal intent of escape.

For the reason that it is difficult to conclude the facts charged in this case as not guilty on the grounds that it is difficult to conclude it, and the judgment dismissing the public prosecution in the order on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is in the relationship of a single crime, is just and acceptable, and there was an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor as to this part of the judgment of the court below, since no new

It does not seem that it does not appear.

B. The instant case was prosecuted pursuant to Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the violation of Article 54(2) of the Road Traffic Act. In light of the language and text of the relevant Act, it is punishable for a vehicle driver who committed a crime under Article 268 of the Criminal Act to punish a case where the driver runs away without complying with the measure under Article 54(1) of the Road Traffic Act, and the implementation of the measure under Article 54(2) of the Road Traffic Act is not prescribed as a requirement (Article 54(2) of the Road Traffic Act as to the violation of Article 54(2) of the Road Traffic Act, and thus, the penal provisions are prescribed in Article 154 subparag. 4 of the same Act).

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