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The prosecutor's appeal is dismissed.
Reasons
1. At the time of the instant case, the gist of the grounds of appeal did not take any measure against the Defendant, despite the occurrence of an accident shocking the right side of the damaged vehicle.
The judgment of the court below which acquitted the defendant on the ground that it is difficult to recognize the fact of traffic accident.
2. The summary of the facts charged in the instant case is a person who is engaged in driving a B M&A car (hereinafter “Defendant vehicle”).
At around 14:20 on April 19, 2019, the Defendant driven the said vehicle at a speed of five-lanes in the direction of Mandae-gu, Mapo-gu, Seoul, at a distance of 5-lanes from the surface of the Manuk-gu.
The driver of any motor vehicle shall live well in the front direction of the motor vehicle and drive the motor vehicle, and shall have the duty of care not to change course when it is likely to impede the normal traffic of other motor vehicles running in the direction of change or impede the normal traffic of other motor vehicles when changing course of the motor vehicle.
Nevertheless, the Defendant, who failed to fulfill such duty of care and was negligent in driving, led to the change of course to four lanes, and led to the change of course into the right side of the vehicle in the same direction as that of the vehicle in question, which was driven by E, which was driven by the vehicle in the same direction as that of the vehicle in question.
The Defendant, by such negligence as above, suffered from an unexpected physical damage to the damaged vehicle, and did not take necessary measures, and left the scene.
3. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the driver E of the damaged vehicle, etc., have occurred at the investigative agency and the lower court’s court’s court, and the following circumstances.