특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: The defendant, by means of mistake of facts, immediately taken measures for treatment to the victims of the occurrence of the accident and left the scene of the accident without disclosing the identity of the victim with the intent of escape, although there is a traffic danger and impediment.
2. The lower court found the Defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) or the Act on the Special Cases concerning the Settlement of Traffic Accidents (Aggravated Punishment, etc.) among the facts charged in the instant case, since it is difficult to recognize that the Defendant left the scene with the intent to commit a crime of escape, or that the victims sustained injuries under the Criminal Act, and it is difficult to deem that the Defendant necessary to take measures to ensure smooth traffic flow
3. In full view of the evidence duly admitted and examined by the lower court, the following facts can be recognized.
① A traffic accident in the facts charged of the instant case (hereinafter “instant accident”) was an accident in which the Defendant’s driver, who made a left-hand turn to the left, was shocked by the damaged vehicle under the new subparagraph.
(2) The driver of a damaged vehicle shall not specifically indicate his/her identification card in the instant accident, such as D (46) age limit, F (38 years old) age limit on board the victimized vehicle, and Rouss (1 year old) age limit on board the victimized vehicle.
③ In the instant accident, the center part of the front part of the damaged vehicle and the right part of the front part of the damaged vehicle were several, and there was no marbing.
④ After the accident, the Defendant and D stopped each of the above vehicles at the roadside of six-lanes.
⑤ The Defendant was asked for having a person who was living together with D, and D was fine in the present state, but I said that I play the same.
And the defendant was returned to D by informing D of his name and contact information, and the registration certificate in the name of the wife was issued.
(6) D.