특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment below
Among them, the part on the violation of the Road Traffic Act (the United States Measures) shall be reversed.
1. The summary of the grounds for appeal is that the defendant's vehicle was shaking the defendant's vehicle at the time when the vehicle was shocked by the victim's vehicle, was shocked, and that around that time, the defendant was "fishing" and the defendant was aware of the occurrence of the accident of this case. Thus, the defendant was guilty of the non-measures after the escape and accident.
Therefore, the court below found the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) on the ground that the defendant was unable to recognize the occurrence of the accident of this case based on
2. Determination
A. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the court below acquitted each of the violations of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (unclaimed measures after accidents). However, the facts charged in this case include the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act, which are related to the crime, and each of the above crimes was established. However, each of the above crimes was established, but the court did not render a verdict of innocence as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) and the violation of the Road Traffic Act (after the accident) on the ground
The facts charged about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes include a violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents caused by Occupational Injury, and where there is no right to prosecute the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the decision of dismissing the prosecution should be made, and the decision of not guilty should not be made separately on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes).