Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

가. 피고인의 항소이유의 요지 (1) 사실오인 및 법리오해{특정범죄가중처벌등에관한법률위반(도주차량) 부분. 도로교통법위반(사고후미조치)의 점에 대하여는 당심 법정에서 범죄사실을 인정하였다} 이 사건 사고는 피고인 차량이 피해자 차량을 직접 충격하면서 발생한 것이 아니라 피고인 차량이 이동식 중앙 분리대를 들이받은 후 물통이 튕겨져 나가면서 맞은편에서 진행 중이던 피해자 차량의 앞 범퍼를 충격하고, 이후 피고인이 급히 핸들을 우측으로 돌리는 과정에서 2차적으로 이동식 중앙 분리대의 옆면을 치면서, 물통이 튕겨져 나가 피해자 차량의 좌측 문짝 부분과 충돌하면서 발생한 것이다.

The Defendant was stopping on the side for about 10 minutes after the accident, but the vehicle was proceeding smoothly in both directions on the road, and the victim's vehicle was sloped to lower than 20-30 meters away from the point of the accident at which the accident occurred and stopped on the bend road, so the Defendant did not recognize the victim's vehicle at all, and the Defendant did not have any criminal intent to escape because the Defendant was unable to recognize the existence of the victim's vehicle and the fact of the accident at all by requesting the driver to drive the vehicle at the same time due to the accident.

In addition, the victims cannot be deemed to have suffered injury as stipulated in Article 257 (1) of the Criminal Act due to the accident in this case, in light of the victim's injury injury, the degree of injury, and the progress of treatment.

(2) The sentence of the judgment of the court below on unreasonable sentencing (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The judgment of the court below on the gist of the prosecutor’s grounds of appeal is too unfasible and unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances are acknowledged by mistake of facts and misapprehension of legal principles: (1) the defendant's vehicle is recognized by the record as a criminal defendant's escape.