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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant was unable to fully recognize the fact that he had shocked the victim with his own vehicle, there was no intention to flee with the instant traffic accident.
Therefore, the defendant is not guilty.
B. The sentence of unfair sentencing (six months of imprisonment and two years of suspended sentence) by the lower court is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by evidence duly adopted and examined by the lower court as well as by the commission of appraisal (traffic accident analysis by the National Institute of Scientific Investigation) which was duly adopted and investigated in the trial, the facts constituting the crime of the lower judgment that the Defendant escaped without taking necessary measures, such as relief of the victim, even though he/she is aware of the occurrence of the instant traffic accident.
Therefore, the defendant's assertion of mistake is without merit.
① According to the CD reproduction result, the Defendant’s vehicle stops rapidly, when the victim facing the right side of the said vehicle immediately after the Defendant’s vehicle passes over the speed limit, facing the Defendant’s vehicle to the port from the right side of the said vehicle.
[Slowly, the front part of the vehicle may be checked on the image that the front and rear part of the vehicle (the so-called “pre-standing phenomenon” and “sese-Dn phenomenon”) is a sudden stop, not to reduce speed rapidly. After the lapse of 2-3 seconds, the Defendant’s vehicle was at the right side of the vehicle and another vehicle was at the right side of the vehicle (the other vehicle was proceeding on the opposite side of the vehicle that the Defendant’s vehicle will proceed to the right side of the vehicle) and left the traffic accident site of this case by going to the right side of the vehicle.
(2) The defendant shall vindicate that he/she committed an act of stopping immediately after the defendant's shocking of his/her vehicle to the left side to see whether there was a vehicle coming from the left side.
However, the vehicle of the defendant has already been continuous.