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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the violation of the Road Traffic Act (U.S.A.) from among the facts charged in the instant case, the court below convicted the victims of this part of the charges despite erroneous determination of facts and misapprehension of the legal principles and misapprehension of the legal principles, in light of the speed and degree of impulse, the victims did not have any intention to commit a crime of escape, and there was no intention to commit a crime of escape. In the case of the second contact accident, the victims intentionally contacted the victim to put up a vehicle, and there was no difficulty in deeming the victims to have suffered any injury in need of relief measures.
B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of order to attend a compliance driving lecture) is excessively unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes of Specific Crimes provides that “When the driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding the victim,” refers to cases where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the victim, causes una final and conclusive state of who caused the accident
Therefore, in order to establish the above crime of escape driving, the result of thought should arise to the victim, and annoying person to the extent that it cannot be assessed as “injury” under Article 257(1) of the Criminal Act is an upper state, and thus, there is no need for medical treatment. Accordingly, health conditions should be applied.