beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. On August 11, 2012, the Defendant: (a) was a driver of a high-speed passenger car in D, and was parked on a road without the classification of lanes 167-30, Geumyang-dong, Geumyang-dong, Geumyang-si, Seoul, and sought to depart from the speed of speed in an irregular speed.
In such a case, the driver of the vehicle must accurately operate the steering system, brakes and other devices of the vehicle, and drive the front and rear left, and prevent the accident. However, the driver of the vehicle, while setting the brakes, shocked the back part of the passenger capacity of the G Tla XG car owned by the victim F, which was parked behind the vehicle, with the rear part of the vehicle's back, and escaped from the site without taking any measures in order to inflict physical damage equivalent to KRW 950,000 for the repair cost of the troke even gate exchange.
2. According to the summary of the grounds for appeal, a criminal investigation report (the telephone conversation of a shote, page 49 of the evidence record), and a report on the investigation results (section 72 of the evidence record), the witness of the accident immediately after the occurrence of the accident in this case stated that “H has observed a witness to shot up the Defendant vehicle”, the back part of the shot part of the vehicle in this case was broken, and the damaged vehicle was damaged to the extent that the repair cost would be sufficient to cover KRW 9.50,000, and it is difficult to eliminate the possibility of considerable scatterings from the scene of the accident. In light of the above, the Defendant has taken measures to prevent and eliminate traffic hazards and interference and ensure safe and smooth flow of traffic, but the lower court found the Defendant not guilty of the facts charged in this case on the ground that there was no need to take such measures.
3. Determination
A. The lower court’s determination is aimed at restoring victims’ damage, as it is aimed at ensuring safe and smooth traffic by preventing and removing traffic risks and obstacles on the road.