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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is serious, but the defendant did not notify the victim of his contact information at all, while leaving the hospital only 200,000 won as treatment expenses and leaving the hospital as they are, and the victim was asked to inform the defendant of contact information at the court of the original instance, but the defendant refused to notify the victim of contact information.
In light of the statement, the fact that the defendant escaped without taking necessary measures to inflict an injury on the victim by the accident of this case and the criminal intent of such escape can be fully recognized.
Nevertheless, the court below acquitted the defendant on the facts charged of this case. In so doing, the court below erred by misunderstanding the facts or misunderstanding the legal principles.
2. Determination
A. In light of the legal principles as seen earlier, the lower court determined that the Defendant left the scene of an accident with the intent to commit an escape, based on the evidence duly adopted and investigated by the lower court, although the Defendant was deemed to have not disclosed his identity to the victim in light of the foregoing legal principles, based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court
Considering that it is insufficient to recognize it and there is no other evidence to acknowledge it, the defendant was acquitted on the charges of this case.
① After the occurrence of an accident, the Defendant immediately stopped the victim, and took emergency measures such as saving the upper part of the body of the victim, washing the upper part of the body, driving the blood, etc.
② Since then, the Defendant: (a) moved the victim into a cargo vehicle driven by himself; (b) solicited the victim to resort to a general hospital; and (c) led the victim to E member according to the victim’s opinion.
(3) While moving to a hospital, the Defendant was asked to decide whether to pay money to the victim, and the victim changed to KRW 200,000,000, and the defective defendant shall withdraw KRW 200,000 in cash from the bank to the victim.