도로교통법위반(사고후미조치)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal in light of the fact that the instant accident was not caused by a rare parking lot or house at the latest at night or around the new wall, but occurred in the factory zone around the point of time and at the time at the time, and it seems that the passage of the players or vehicles would have been considerable, etc. at that time, there was a possibility that other traffic hazards and obstacles could have been caused by recognizing the possibility of drilling of witnesses, etc., immediately after the accident.
Nevertheless, the court below, which acquitted the defendant, erred by misapprehending the legal principles.
2. On the grounds indicated in its reasoning, the lower court determined that it was necessary for the Defendant to take measures to ensure smooth traffic by preventing and removing the risks and obstacles to traffic caused by the instant accident.
On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.
Examining the above judgment of the court below closely in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the legal principles as alleged by the prosecutor.
subsection (b) of this section.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.