The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (legal scenarios), the court below found the defendant not guilty of the facts charged of this case even though the defendant had contacted the victim's vehicle's rear pentum with the front pentum part of the defendant's vehicle and did not immediately stop the victim's vehicle and failed to take necessary measures. Such judgment of the court below is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant driving a C1 ton cargo vehicle; (b) driving the said vehicle around 14:55 on December 4, 2015; and (c) driving the said vehicle at around 14:55 on the two-lane road in front E in the Militarysan City D in the direction of the border funeral distance from the landside of the Daegu Agricultural Bank.

The course has changed into three lanes.

In such cases, the driver has a duty of care not to obstruct the driving of the vehicle running in the direction of change.

Nevertheless, the Defendant neglected this while driving three-lanes in the same direction due to occupational negligence, and contacted the Gbenz's car driving seat of the victim F.F.(the age of 42) with the front gate.

After all, the Defendant destroyed the repair cost of the damaged vehicle by occupational negligence as above and escaped without taking necessary measures as an accident driver, even though the Defendant destroyed the repair cost of KRW 2,352,075.

B. The lower court’s judgment is based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the Defendant’s two-lanes of the three-lane road.

While changing the course to a three-lane, the back penter of the damaged vehicle with three-lanes shocked the end penter of the damaged vehicle, which only caused damage to fender on the collision part of the damaged vehicle, which makes it possible to operate normally, and ② The physical damage caused by the accident in this case is difficult to deem that immediate measures are necessary for smooth flow of traffic, and ③ The instant case concerns.