특정범죄가중처벌등에관한법률위반(도주차량)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the Defendant found the victim at the time of the accident, operated the vehicle rapidly, and the injured person was faced by the vehicle, and the injured person was pushed off by the vehicle, and the injured person was able to hear that the injured person was not able to be able to suffer the injury. Thus, the Defendant was able to suffer the injury due to shock of the injured person and at least the injured person.
It can be recognized that it has run away without taking any relief measures even though it could have predicted.
2. Examining the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in its judgment, the Defendant was aware that he/she was shocked by his/her own vehicle.
It is difficult to readily conclude.
1) Examining the circumstances and contents of the accident, the victim did not suffer an injury due to either leaving the floor or leaving the site of the accident after about 10 seconds due to the accident. Therefore, the victim did not suffer an injury due to either leaving the floor or leaving the site of the accident.
Rather, according to CCTV images, the injured person entered the lane while walking, and the defendant appears to have immediately operated the vehicle in the future of the defendant's vehicle.
In this situation, as long as the injured person was imprisoned by the defendant, it was difficult for the defendant to recognize that there was a real contact between his own vehicle and the injured person.
2) Even when considering the fact that the victim is a middle student under 14 years of age, and that the victim may be fluored due to an accident, considering the fact that the defendant expressed his/her opinion that he/she was fluored with the Defendant immediately after the accident, or that he/she clearly expressed his/her opinion in an investigative agency and a court of original instance, it seems that he/she expressed his/her opinion in any way if he/she
3) 상해의 부위 및 정도에 관해 보면, 피해자는 왼쪽 허벅지가 찌릿했을 뿐 멍이 들거나 걸어가기에 지장이 있지는 않았다고
and after the accident.