The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant is a brain-dead patient, and the defendant's vehicle caused the occurrence of the accident involving the victim's vehicle (hereinafter "the accident in this case").

Even if the Defendant continued to drive a vehicle over a considerable range of section (3km) after the launch, there was a sense to view the front door and to operate the steering gear.

It is reasonable to judge.

In other words, if the above-mentioned consciousness remains, it was either a small term or a small term.

Even at least at the time of shock, the Defendant recognized the instant accident.

It is reasonable to judge.

Therefore, in full view of the above points, it is clear that the defendant recognized shock facts at the time of the accident of this case, and there is a possibility that he forgotten specific shock background after the accident of this case.

The decision is judged.

Defendant became unable to associate with this case ex post facto due to brain dystrophism, etc.

Even if it does not simply affect the defendant's intent that he/she is unable to memory.

Nevertheless, the court below dismissed the prosecution against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the measures not to be taken after the accident) on the ground that there is no evidence to acknowledge the facts of the crime, and found the defendant not guilty of the violation of the Road Traffic Act (the measures not taken after the accident) on the ground that the defendant's vehicle is covered by the comprehensive motor vehicle insurance.

2. Determination

A. The summary of the facts charged in the instant case is the Defendant who is engaged in driving of Dwing and Ⅲ tank cargo vehicles.

On December 16, 2015, the Defendant driving a above cargo vehicle around 12:00 and, depending on the two-lanes, the two-lanes in front of the three-lanes from the Gando-ro, Gan-Eup, the wife population at the time of Gando-si.