특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (not including accident-free measures) shall be acquitted.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) the defendant (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) (as to the accident of this case, the victim did not suffer injury to the extent that it is necessary to take relief measures due to a minor accident, and in light of the circumstance and degree of the accident of this case, the degree of damage and the circumstances after the accident, there was no intention to flee. Nevertheless, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous. 2) The prosecutor of the case (as to the violation of the Road Traffic Act (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) did not focus on the degree of damage inflicted on the victim's vehicle due to the accident of this case, and it did not go away on the road without informing the victim of his contact address, and it is difficult to see that the victim might cause another traffic danger
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts or misapprehension of legal principles.
B. The Defendant asserts that, with respect to the punishment imposed by the lower court on the grounds of unreasonable sentencing (a fine of four million won), the Defendant is too unlimited, and the prosecutor argues that it is too uneasible and unfair.
2. Determination
A. The summary of the facts charged in the instant case is a person who is engaged in driving a car with CKaman 2 car.
On September 15, 2013, the Defendant driven the above vehicle on September 18, 2013, and proceeded ahead of the E convenience point D at the port of port from the third side of the string-do public health center at the port of port to the north-gu public health center at port.
A person engaged in driving service has a duty of care to safely proceed after checking the safety of the course by checking well the right and the right of the front.
Nevertheless, the defendant neglected this and sent a signal to the same direction.