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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is that the traffic accident of this case did not produce non-products; and
Even if the damaged vehicle is mistaken for another vehicle as the damaged vehicle, there was a traffic danger on the road due to the misunderstanding of the damaged vehicle and the damaged vehicle left the scene of the traffic accident.
Even if the defendant was to have immediately stopped and checked the occurrence of traffic danger on the road, and failed to report the occurrence of the accident to the police, the crime of violating the Road Traffic Act was established. However, the judgment of the court below which acquitted the defendant of the facts charged of this case on a different premise is erroneous in the misapprehension of legal principles, thereby affecting the conclusion of the judgment.
2. The lower court determined that the evidence submitted by the prosecutor alone based on the same circumstances as the records in the 2nd through the end of the 3rd part of the sentence No. 9 of the lower judgment was insufficient to find the Defendant guilty of the facts charged of this case. In full view of the following circumstances that can be recognized by the records, the lower court’s judgment is just and acceptable, and further, based on a thorough review of the above judgment by comparison with the records, it was proven that the facts charged of this case was proven without reasonable doubt.
Therefore, the judgment of the court below is not erroneous in the misunderstanding of facts or in the misapprehension of legal principles.
① The location of the instant traffic accident is an expressway, a large number of vehicles at the time were traveling along the expressway, and there was a risk of causing danger and impediment to the traffic of the vehicle in the event of the occurrence of a traffic accident on the night. As such, the driver of the instant traffic accident is obligated to stop the vehicle in order to ensure the safety of traffic on the road, to check whether the damage is caused and additional danger, and to take any measures corresponding thereto.
It is reasonable to view it.
2. In this case, the defendant is above.