특정범죄가중처벌등에관한법률위반(도주치상)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: As long as the defendant, although having taken relief measures after the accident of this case, was required by mistake of facts, leaving the scene of the accident of this case without taking relief measures, despite the fact that the defendant could fully be able to have recognized the criminal intent of escape, the court below dismissed the prosecution of this case on a different premise.
2. On the grounds as indicated in its reasoning, the lower court acquitted the Defendant of the instant charges on the ground that it is difficult to deem the Defendant to have left the scene of the instant accident with the intent of escape, and dismissed the instant prosecution on the ground that the vehicle driven by the Defendant was subscribed to the comprehensive motor vehicle insurance.
Examining the reasoning of the judgment of the court below closely with the record, it is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.