특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors or misapprehension of legal principles) has caused traffic accidents, and the defendant escaped without saving the victim or taking necessary measures. Unlike this, the court below acquitted the violation of the Road Traffic Act (the measures not taken after the accident) among the facts charged in this case, and dismissed the public prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
2. Determination
A. On December 26, 2013, the Defendant, at around 21:10 on December 26, 2013, is obliged to operate a Crocketing and other car, and has a duty of care to look at the front of the Sejong So-dong Joint Power Plant at the speed of the speed of the city at the speed of the speed of the speed of the city between the three-lanes in the direction of the air direction in the direction of the air direction, and to accurately operate the steering direction and brakes.
Nevertheless, the Defendant, by negligence and negligence, led the victim D, who is driving ahead of the same direction as the passenger E, to the front part of the F Ethz car driving ahead of the same direction.
Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim D’s base and tension in light of the rashion that requires approximately two weeks of medical treatment, and suffered from the fluor E’s base and tension in light of the trend requiring two-day medical treatment. The Defendant destroyed damaged vehicles to repair the 3,311,766 won and escaped without taking necessary measures, such as providing relief to the victim.
B. The judgment of the court below is that the driver of the accident who does not take measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and "when the driver of the accident does not take measures under Article 54 (1) of the Road Traffic Act" as provided in Article 148 of the Road Traffic Act is killed or injured by the accident.