특정범죄가중처벌등에관한법률위반(도주치상)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the grounds of appeal is erroneous in the misapprehension of legal principles as to the recognition of injury as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the necessity of relief.
2. Determination
A. The summary of the facts charged is a person engaging in driving a BD car.
On March 20, 2019, the Defendant driven the above car on March 20, 2019, and continued the road front of the D kindergarten located in Busan Dong-gu C (hereinafter “instant accident site”) from the jurisdiction of the E elementary school to the artificial high-face.
In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front door and left door well, and accurately operating the steering and brakes.
Nevertheless, the Defendant neglected to do so and found the F(44 years of age) of the victim who was walking on the front side while proceeding as is, and brought about the left part of the victim to the right side of the driver's car.
After all, the Defendant, by the above occupational negligence, sustained a loss of hand and hand in need of treatment for about three weeks, and immediately stopped the victim, and did not take necessary measures, such as aiding the victim and informing him of his personal information and contact information.
B. The lower court determined that the victim’s injury was caused by occupational negligence due to the Defendant’s driving of the vehicle, solely with the evidence submitted by the Prosecutor, in light of the following facts and circumstances acknowledged by the Defendant’s defense details, the Defendant’s defense at the investigation agency and the court of the lower court, the victim’s partial statements at the investigation agency and the court of the lower court, G’s partial statements at the court of the lower court
(b).