Of the facts charged in the instant case, the charge of violating the Road Traffic Act is acquitted.

Parts of innocence

1. The summary of the facts charged in the instant case is a person who is engaged in driving a vehicle B in the sprink.

On January 11, 2018, at around 12:50, the Defendant driven a motor vehicle on the upper spons, and turned the side road front of the D cafeteria located in Ulsan-gun C, Ulsan-gun, into a speed of about 20 kilometers from D cafeteria to the gold range.

Since there are two houses, the driver of a motor vehicle has a duty of care to take care of the rear side and the left and right of the person engaged in the driving of the motor vehicle, and to take care of the safe operation of the brake and the steering gear in a correct manner.

Nevertheless, the Defendant neglected this and got the inspection team located on the rear side of the above side road from E University to F elementary school at the right side of the victim G (Y, 44 years old) driving, with due care, and received the more part of the back part of the above spawn vehicle from the back side.

As a result, Defendant 1 suffered injury to the victim, such as salt, tensions, etc. that require approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, Defendant 2 escaped without immediately stopping the said golf vehicle and without taking necessary measures, such as providing relief to the victim, even though the said golf vehicle is damaged by the repair cost of KRW 4,682,480.

2. Determination

A. In determining whether a driver of an accident escaped from the scene of the accident with the intent to escape before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, the following facts and circumstances should be comprehensively taken into account (see, e.g., Supreme Court Decision 2008Do8627, Jun. 11, 2009). (b) The determination by the court below based on the following facts and circumstances acknowledged by the evidence duly examined and adopted by the court.