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The prosecutor's appeal is dismissed.
Reasons
1. Although the main point of the grounds of appeal is an apartment parking lot, there was a shock to the degree of fall in front of the damaged vehicle’s front number plate, and there was a danger of traffic obstruction due to obstacles (automobile number plate).
Nevertheless, as the Defendant left the site as it is, the Defendant took necessary measures at the time of the occurrence of traffic accident.
The judgment of the court below on February 2, 198 cannot be viewed (misunderstanding of the facts as to the acquitted part of the judgment below). In light of the following circumstances revealed by the records: (a) the vehicle number plate of the vehicle damaged by the accident of this case is away from the front road of the damaged vehicle; (b) the road in the apartment house; (c) the parked vehicle is on both roads; (d) the parked vehicle is on both roads; (e) other vehicles are at a speed; and (e) the damaged vehicle is not a place where other vehicles are able to drive at a speed; and (e) there is no room for the damaged vehicle to drive the vehicle on the apartment parking lot immediately after the shock of the Defendant’s transferred vehicle; and (e) there is no room for the damaged vehicle to drive the vehicle on the apartment parking lot after
Based on the judgment, the defendant was acquitted.
The circumstances of the court below are as follows: ① an accident site is an apartment parking lot; the damaged vehicle was parked in the parking zone without passengers; ② the damaged vehicle of this case only caused minor physical damage; and the front number plate did not have any other strike or product except that separated from the floor; ③ the evidence submitted by the prosecutor alone alone makes it difficult to specify the exact location away from the number plate at the time of the accident, thereby causing danger and impediment to traffic.
In light of the lack of recognition, ④ the speed of the vehicle of the defendant, the degree of damage to each vehicle, etc., the number plate is not far from the parked damaged vehicle.