The prosecutor's appeal is dismissed.

1. In light of the following circumstances with the summary of the grounds of appeal, it is recognized that the Defendant, prior to the implementation of measures such as aiding the victim at the time of the accident in the facts charged of the instant case (hereinafter “accident”), left the scene of the accident with the criminal intent of escape, and at that time, took relief measures.

I was under the control of the defendant

shall not be deemed to exist.

However, the judgment of the court below which acquitted the defendant on the violation of the Road Traffic Act (the measures not taken after the accident) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes).

① The Defendant confirmed the necessity of relief measures, such as questioning the victim’s condition immediately after the instant accident, or did not take relief measures, and left the Defendant’s wife in charge of training at the scene of the accident.

② Although I arrived at the scene of an accident and confirmed the state of the victim, the Defendant called “Ara,” the Defendant left the taxi as it was, the Defendant left the scene.

③ At the time of the instant accident, it is doubtful that the Defendant’s alcohol level was measured with 0.047% of the Defendant’s blood at the time of the instant accident, at the time of the instant accident.

2. Summary of the facts charged in this case

A. A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or a set award) is a person engaging in driving a car in the E Spo area.

On August 25, 2017, the Defendant driven the above car at around 16:10, and driven the two-lane road of the 416-lanes at the desire of Sungnam-si, Sungnam-si, the Defendant driven the two-lanes from the 2 police box on the top of the upper forces to the station distance.

At this point, G rocketing car driven by the Victim F (F, 55 years old) is proceeding along the two lanes from the front side of the car at the above Swipo, but in such a case, the vehicle driver is a person who is engaged in driving.