도로교통법위반(사고후미조치)등
The judgment below
The acquittal portion shall be reversed.
The sentence against the accused shall be 500,000 won.
Defendant.
1. According to the records of the trial at the court, the prosecutor prosecuted the defendant as to the violation of the Road Traffic Act (unauthorized Measures after Accidents), the violation of the Road Traffic Act due to the destruction of and damage to property by negligence, the violation of the Road Traffic Act (Unlicensed Driving), the violation of the Guarantee of Automobile Accident Compensation Act, and the violation of the Guarantee of Automobile Accident Compensation Act among them. The court below found the defendant guilty as to the violation of the Road Traffic Act (Unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act, and found the defendant guilty as to the violation of the Road Traffic Act (unauthorized Measures after Accidents) by dismissing the prosecution
On the other hand, the defendant did not appeal and only the prosecutor filed an appeal on the ground of mistake of facts against the acquittal portion, and the above not guilty portion and the remainder are concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the aforementioned guilty portion and the dismissed part of the prosecution not appealed by the defendant and the prosecutor are separately determined by the expiration of the appeal period, and the scope of the trial at the court below is limited to the acquittal portion among the judgment below (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). This part is limited to this part of the judgment at the court below.
2. The summary of the grounds for appeal did not take appropriate measures after the instant accident, and the court below erred by misapprehending the legal principles and acquitted the Defendant, despite the possibility of causing another traffic danger and impediment.
3. Determination
A. On October 3, 2011, the Defendant was driving a “C” Q125-wheeled vehicle on the road front of the 501-dong, Gangdong-gu, Seoul Metropolitan Government, as his/her own, on the road prior to the 501-dong, and was driving at the intersection of the accident point at the speed of about 30 km in the speed of a speed of 30 km via a road in the direction of the “C” bank at the surface of the “Cama General Market”.