도로교통법위반(사고후미조치)
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. According to the statements by the victim of the grounds of appeal (misunderstanding of facts), the facts charged in the instant case are found guilty on the grounds that the Defendant did not take any measures despite recognizing the fact of the instant accident and leaving the scene, in full view of the evidence submitted by the prosecutor, such as the above statement, as the Defendant stopped immediately after the instant accident and left the damaged vehicle, and there was sufficient shock to the extent that the passengers could feel able to feel spit at the time of the instant accident.
Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged is erroneous and adversely affected by the judgment.
2. Determination
A. In full view of the circumstances in its reasoning, the lower court rendered a judgment that the Defendant could not be ruled out of the possibility that the Defendant was, without recognizing the occurrence of the instant accident, and thus, the evidence submitted by the Prosecutor alone is insufficient to recognize the Defendant’s intention and there is no other evidence to acknowledge it. Thus, the lower court acquitted the Defendant on the ground that the instant facts charged constituted a case where there is no
B. The following facts are found based on the evidence duly adopted and examined by the court below. In other words, at the time of the accident, the defendant's vehicle contacted the left-hand side of the damaged vehicle at the time of the accident, and all the victim's friendship aboard the driver's seat at the time of the accident and the victim's friendship on the steering seat at the time of the accident, which led to the shock due to the above contact. ② After the above contact, the defendant set up the vehicle, and returned to the vehicle, the direction of the damaged vehicle at the time of the accident, and ③ However, the defendant proceeded again without getting off the vehicle at a speed of not less than 10 meters, and the fact that the damaged person followed the vehicle, can be acknowledged.