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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal principles (the violation of the Road Traffic Act (unclaimed Measures)) brought an agreement after the Defendant confirmed the contact part with E, a driver of the damaged vehicle immediately after the occurrence of the instant accident and agreed to compensate for the next damage.
Therefore, the defendant's act does not correspond to the crime of violation of the Road Traffic Act (refence measures) and the defendant did not have intention to do so.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. On May 6, 2019, the Defendant: (a) around 22:10 on May 6, 2019, driven a DNA rocketing car (hereinafter referred to as “Defendant vehicle”) at the front three-distance intersection in the south-gu Seoul metropolitan area, Nam-gu.
In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and there was a duty of care to safely proceed with the traffic situation before and after the time.
Nevertheless, while under the influence of alcohol, the Defendant left the scene without taking necessary measures even after taking part of the G Engine owned by the victim limited liability company of E driving, which was behind the Defendant’s vehicle (hereinafter “victim”) and destroying the unpaid property on the damaged vehicle.
B. The purpose of Article 148 and Article 54 (1) of the Road Traffic Act is to ensure safe and smooth flow of traffic by requiring drivers, etc. to promptly take necessary measures, such as removal of obstacles caused by traffic accidents when they damage goods due to driving, etc. of vehicles.