특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (misunderstanding the facts) of the Defendant’s vehicle did not conflict with the vehicle driven by the victim D (hereinafter “victim’s vehicle”), and the Defendant was unaware of the occurrence of the instant accident, and there was no intention to escape.
2. Determination
A. The following circumstances are revealed by the evidence legitimately adopted and examined by the court below as to the reasons for appeal. ① The defendant is driving ahead of the victim's vehicle driving at the second lane at the time of the accident, namely, the defendant is driving ahead of the victim's vehicle while driving ahead of the vehicle at the first lane. The accident of this case where the victim D plicks hand on the right side to avoid collision, and the defendant was driving ahead of the vehicle at the second lane without the victim's vehicle driving ahead of the two lanes. ② The defendant is driving ahead of the two lanes after the accident of this case, the vehicle without the victim's vehicle driving ahead of the two lanes. ③ The defendant was driving ahead of the two lanes, but he was driving ahead of the two lanes, the vehicle without the victim's right side. The defendant was driving ahead of the two lanes, but he was driving ahead of the two lanes.