특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
misunderstanding of facts and misapprehension of legal principles as to the main points of appeal by the prosecutor: Violation of road traffic laws (unclaimed measures after accidents) and the defendant's duty to take measures to prevent and eliminate traffic hazards and obstacles was recognized, there was no need to take measures to ensure smooth traffic for the defendant.
There is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below.
The punishment sentenced by the court below which is unfair in sentencing (4 million won) is too unhued and unfair.
Judgment
The summary of this part of the facts charged is that the Defendant is a person who is engaged in driving a cuss car in C.
On May 20, 2016, the Defendant, around 17:35 on May 20, 2016, proceeded along the three-lane roads in front of the three-lane apartment complex from the Sungdo basin to the three-lane apartment complex from the Sungdo basin. On the other hand, the Defendant, along the two-lanes in front of the three-lane apartment complex from the Sungdo basin, was bypassing the road.
At each two-lanes, the victim D(n, 38 years old) used the Ebenz S600 passenger cars driving in this 3-lane for signal waiting, and the numberless cargo cars were parked on the three-lanes. Therefore, the driver of the vehicle had a duty of care to safely make a right-hand way by looking at the right-hand and right-hand side and the right-hand side in the distance from the front and the right-hand side.
Nevertheless, the defendant neglected this and neglected to make a right-hand turn between the victim's car and the numberless cargo vehicle, and thereby received the victim's right-hand part of the passenger vehicle in front of the left-hand part of the defendant's car.
Ultimately, the Defendant destroyed the victim’s car and escaped without immediately stopping the vehicle and taking necessary measures so that the amount equivalent to KRW 3,630,000 of the repair cost for the rear criminal due to such occupational negligence.
Judgment
Article 148 and Article 54 (1) of the Road Traffic Act shall require drivers, etc. to damage goods due to traffic, such as driving of vehicles.