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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstandings 1) Defendant (1) is not a victim of a traffic accident, but a victim of a traffic accident. ② Victim’s injury is minor and does not constitute injury under the Criminal Act. ③ Defendant has taken measures, such as contact with an insurance company after approximately 200 meters of course, and there was no criminal intent to escape, and ④ Defendant did not cause any traffic hazard and obstacle because non-products from a road accident occur.
2) The lower court found the Defendant not guilty on the ground that the Defendant’s blood alcohol level was 0.053% at the time of the accident calculated by the aforementioned dmark formula by the public prosecutor, even if the Defendant was found to have driven under the Road Traffic Act.
B. The sentence of the lower court is too unreasonable as the sentence is too unreasonable.
2. Determination
A. Defendant 1) As the lower court’s negligence on the occurrence of the Defendant’s traffic accident is properly explained, the victims consistently stated in the investigation agency to the lower court that the damaged vehicle was the front signal signalling at the first time.
The defendant stated that the defendant does not immediately stop but stops about 200 meters after the occurrence of the accident, but stops by the hidden damaged vehicle, and this is not clearly known due to the victim's behavior. ③ When the driver of any motor vehicle intends to change the course of the vehicle and there is a concern over hampering normal traffic of other motor vehicles running in the direction of the change (Article 19(3) of the Road Traffic Act), he shall not change the course (Article 19(3) of the Road Traffic Act), when the damaged motor vehicle has made a turn to the right at the two lanes, the defendant shall keep the right to turn to the left, and it is impossible to change the course while interfering with the normal traffic of other motor vehicles on the ground that it is prior thereto.