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. The summary of the grounds for appeal is that the Defendant reported to the police immediately after the occurrence of the instant traffic accident, and the vehicle stops on the site of the accident, resulting in the concern about causing traffic hazards, and thus, the Defendant did not intend to flee or take measures.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is a person engaging in driving CK7 automobiles.
On August 16, 2011, the Defendant driven the said car and proceeded to the two-lanes of the inner underground streets located in the Busan Eastdong-gu, Busan, to the front point of the department store store. In such a case, the traffic volume due to the time of the attendance time is high, the Defendant was obliged to pay a duty of care to change the car line safely without interfering with the traffic of other vehicles by accurately manipulating the direction direction, etc.
Nevertheless, when the Defendant neglected this and changed the vehicle line into a one-lane, the Defendant received the first door of the victim D(55 years of age) with the victim D (55 years of age) who is driving the one-lane from the other, in front of the driver's seat of the Defendant's vehicle.
Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim D, such as salt, tensions, etc., which requires approximately two weeks of medical treatment on the part of the victim F (29 years of age) who boarded with the above D, suffered from the injury of satise, tensions, etc., which requires approximately two-day medical treatment on the part of the victim F (29 years of age). At the same time, the Defendant, at the same time, did not immediately stop the said car-satise so that the repair cost equivalent to KRW 741,690 of the repair cost, such as the satisf, etc. (hereinafter “instant traffic accident”), and escaped without taking necessary measures, such as providing relief to the victim.
B. The lower court determined all the facts charged of this case by integrating the evidence duly adopted and examined by the lower court.