특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts and the legal principles) did not recognize the accident of this case and did not have any possibility to recognize it, and the court below found the Defendant guilty of each of the facts charged of this case even though there was no reason to escape. The court below erred by misapprehending the legal principles and
2. Judgment on the grounds for appeal
A. The gist of the facts charged is a person engaging in driving Cump trucks.
On March 5, 2017, the Defendant changed the course to a two-lane, while driving at about 60 km from the direction of the new road to the remote distance, along with the two-lanes in the south-gu, Ulsan Metropolitan City D on March 5, 2017.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by operating a direction, etc. in advance, giving prior notice of change of course, and changing a lane safely by keeping the front left and right well.
Nevertheless, the defendant neglected the above duty of care and entered the two lanes as it is, and the victim F (33 Does) was driven by the victim F (33 Does) due to the negligence of entering the two lanes as it is, the defendant got back the left side of the G SP car and received the part of the panion part in front of the right side of the dump truck.
Ultimately, the Defendant, due to the above occupational negligence, sustained a shoulder and string of the arms in need of approximately three weeks medical treatment, and, at the same time, escaped without immediately stopping a vehicle even though approximately KRW 5,170,548 of the repair cost, such as the exchange of sprinkers, was damaged to the extent that it did not take necessary measures.
B. The lower court found the Defendant guilty of charges by comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated.
① Dump truck of this case is 8.62 meters in length, 3.32 meters in height, 2.495 meters in width, and total weight.