특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal recognized the fact that the defendant had escaped without taking relief measures even though he had caused the instant traffic accident caused injury to the victims, and the court below acquitted the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that there is no evidence to acknowledge the criminal intent of escape. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. At around 23:20 on December 22, 2011, the Defendant: (a) driven a car in C SPT and sent a signal at the two-lane road prior to SamsungSDI T-lane in the Seo-gu, Seo-gu, Seocheon-si; (b) in such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care in advance to prevent an accident by accurately operating the front left, and accurately operating the steering system; (c) the Defendant neglected to operate the brake system, thereby causing damage to the victim D (33 years old) who was in the front side of the said SPT, while driving the motor vehicle; and (d) by the negligence of the victim D (33 years old) who was driven in the front part of the said SPT area to take measures such as damage to the victim’s 3-day passenger vehicle, which requires an exchange of approximately 3 weeks in front of the said SPT area; and (d) the Defendant did not immediately take measures such as removing the victim’s 37-day passenger vehicle from the above 3-day.
3. The health expenses ex officio before examining the grounds for appeal for ex officio determination, and the prosecutor shall issue the name of the crime against the first charged facts of this case, "the Act on the Aggravated Punishment, etc. of Specific Crimes," and Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes.