Defendant

Defendant

Fixed-term medical care

Attorney Jeong-young (National Assembly Line)

Suwon District Court Decision 2009 High Court Decision 1460 decided Oct. 8, 2009

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The Defendant: (a) the instant accident was caused by the Defendant’s parking of the vehicle and the passage of a considerable time, and the instant accident was not a traffic accident as provided in the Act on Special Cases Concerning the Settlement of Traffic Accidents; (b) however, the lower court recognized that the Defendant fell under a traffic accident and went away from the site after the accident and constituted a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Aggravated Punishment, etc. of Traffic Accidents, which is erroneous in the misapprehension of legal doctrine

2. Determination

Comprehensively taking account of the evidence duly adopted and examined by the court below, at around 06:05 on March 15, 2009, the defendant driving a Vietnam or car car number omitted, and parked in front of the luminous Madle-Madle-Madle-Madle-Madle-Madle-Madle-Madle-dong located in the front of the Madle-Madle-Madle-Madle-Madle-Madle-Madle-Madle-Madle-Madle-Madle-Mad-Mad-Mad-dong, and neglected to take a duty of care to check well the front, left the front, left the front, and left the front, of the Mad-dong-Mad-Mad-Mad-Mad-dong. Thus, the defendant's assertion that the defendant did not take special measures against the defendant's escape from the scene without any rescue measures is difficult, and thus, the defendant did not have any reason to be found to constitute the crime of traffic accident.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Lee Dong-chul (Presiding Judge)