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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding the fact, did not recognize that the victim tried to leave the Defendant’s scene while attempting to open the door of the driver’s seat of the Defendant, and cannot be deemed that there was an injury to the extent that the victim could be recognized as committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (EF).
B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and 480 hours of community service) is too unreasonable.
2. Determination
A. The summary of the facts charged is that the Defendant is engaged in the duty to drive a Cbera cruise vehicle.
On June 14, 2014, the Defendant driven the above vehicle at the front intersection located in EW, Gangwon-do, Gangwon-do, D, and turned down 5 meters behind the vehicle due to a fire in the signal atmosphere, and turned down by the victim FF (34 years old) who stopped behind the vehicle due to a fire in the signal atmosphere.
The injured person tried to immediately board his/her own motor vehicle when he/she tried to look into the damaged part of the accident caused by the motor vehicle by the injured person.
Therefore, how a person who suffered from a yellow damage is the defendant's " how to see the accident even if it is left."
“Although the Defendant told, the Defendant was driving the seat without a speech, she was walking on the driver’s seat, and the victim immediately left the driver’s seat to prevent the departure of the Defendant from driving.
In such a case, since the victim was suffering from the loss of an automobile and the door was opened, there was a duty of care to prevent the loss of the victim by starting safely after checking whether the damage was caused by the person engaged in driving the automobile's loss and the loss of the automobile.
Nevertheless, the Defendant neglected this and neglected the vehicle in the state that the victim gets open to the court.