특정범죄가중처벌등에관한법률위반(도주차량)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is 1.3m height from the ground to the front glass, and there was no obstacle at the Defendant’s view at the time of the occurrence of the instant traffic accident, so there is a possibility that the Defendant could sufficiently have seen the victim D (hereinafter “victim”), and the victim stated in the first police that the Defendant left the scene of the instant traffic accident even though he knew of the occurrence of the instant traffic accident, and reversed the statement to the effect that the Defendant could not see himself/herself, unlike the above statement at the police at the court of the original trial, but in full view of the fact that the victim’s reversals the statement after the agreement with the Defendant and it is difficult for the Defendant to believe the victim’s statement at the court of original instance as it is, it is reasonable to deem that the Defendant left the scene of the instant traffic accident even after recognizing the occurrence of the instant traffic accident.
Nevertheless, the lower court acquitted the Defendant of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) on the ground that there is no evidence to acknowledge that the Defendant had escaped even after recognizing the occurrence of the instant traffic accident, and dismissed this part of the prosecution on the ground that the victim expressed his/her intent not to have the Defendant punished. Therefore, the lower court erred by misapprehending
2. Determination
A. The summary of the facts charged in the instant case is a person engaged in driving CY 3 General Dump trucks.
At around 10:00 on September 26, 2013, the Defendant came to enter the Gohap-gun, Gohap-gun, Dongcheon-gun as a second-lane road in front of the parking lot at the Gohap-gun, Dongcheon-gun, Dongcheon-gun.
There shall be a place that leads from the parking lot to the road.