특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) argues that the Defendant was not driving on his own. However, in light of the statements of the victim and witness and the contents and circumstances of the traffic accident in this case, the Defendant recognized the fact that the Defendant was driving and attempted to flee without fulfilling all necessary measures, but the lower court acquitted the Defendant on the basis of the statement of I and J, which fell short of credibility. The lower court erred by misapprehending the legal principles as to the degree of proof, thereby adversely affecting the conclusion of the judgment.
2. The facts charged and the judgment of the court below
A. The Defendant in the instant charges is a person engaged in driving Dunched Motor Vehicles (hereinafter “instant Motor Vehicles”).
On December 21, 2010, the Defendant driven the above car on December 21, 2010, and driven the two-lanes by the Han Flus apartment 104 Dong-dong, Daejeon Daejeon, with the two-lanes by the Han Flusor apartment 104 Dong-dong from the fourth side of the Goyang Park, the Defendant driven the two-lanes along the fourth side of the Pacific 4.
At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.
Nevertheless, the Defendant neglected this and proceeded with the center line, and the victim E (hereinafter, 40 years old) who was normally driven by using a single lane at the center line, received the part on the left-hand side of the FMMMM car driven by the Defendant as the top-hand part of the above MMM car.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones, which requires medical treatment for about two weeks, due to the above occupational negligence, and at the same time, destroyed the said IMM car and immediately stopped, and took necessary measures, such as providing relief to the victim, so that repair costs equivalent to KRW 2,843,832.