특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal of this case is as follows: (a) at the time of the accident of this case, the day before the accident of this case was revealed; (b) the accident did not turn on the neighboring commercial buildings due to the intersection; and (c) the view at the intersection was not extended to the intersection; and (d) the Defendant violated signal regulations while driving a taxi under the speed and set it up as a garage in order to meet the shift time while the accident of this case was difficult, and thus, the Defendant did not see the inside of the victim and the victim’s driver outside the intersection.
Therefore, although the defendant did not know the fact that the accident occurred and the defendant did not have intention to flee, the court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment
2. The following facts and circumstances acknowledged by the evidence duly adopted and examined at the lower court, including the CCTV video of Gwanak-gu in Seoul Special Metropolitan City, namely, ① At the time of the instant accident, the intersection was a place where the victim and the victim could have a view to a certain degree of view by signal lights, traffic vehicles, the signboard of neighboring commercial buildings, etc. ② When the Defendant’s taxi enters the intersection in violation of the signal, the Defendant was entering the intersection with the head of the taxi where the victim and the victim were sufficiently aware or could have been able to see that the Defendant, when entering the intersection, was sufficiently aware of, or could have been able to see, the direction of the crosssection in order to avoid the collision between the victim’s ozone and the victim’s on-line after having entered the intersection. ④ The victim and the victim are the victim and the victim. < Amended by Presidential Decree No. 17588, Apr. 2, 198>