특정범죄가중처벌등에관한법률위반(도주차량)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) although it could be acknowledged that the defendant had escaped without taking measures, such as aiding and abetting the victim, even though the defendant injured the victim by shocking the victim, and the court below found the
2. Determination
A. On November 22, 2013, the Defendant, at around 16:45, driven a CKaren car and proceeded in one way among three-lanes on the road front of the Busan High-dong, Busan High-dong, Busan High-dong, Busan High-Speed Road, along the sea-only zone.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front left and accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the defendant neglected this and did not discover the victim D (the age of 15) who crosses the road on the left side from the right side of the moving direction to the left side, and was negligent in driving the said vehicle as it is, which led to shocking the victim into the right side of the said vehicle.
After all, when the Defendant suffered injury to the victim, such as saved salt saves requiring treatment for about two weeks by occupational negligence, the Defendant immediately stopped and escaped without any measure, even though necessary measures such as aiding the victim.
B. According to the records, the lower court’s judgment: (a) the Defendant, while driving an accident vehicle and waiting for the signal in front of the crosswalk in one way among three laness; (b) the Defendant, following the alteration of signals, shall enter the front from the middle part of the right side of the vehicle and enter the front part of the vehicle at the time when the Defendant starts driving.