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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Since the Defendant, without knowledge of the occurrence of the instant accident without knowing the occurrence thereof, deserts from the site of the instant accident, the crime of violating the Road Traffic Act is not established. (2) The lower court’s sentence of unreasonable sentencing (a fine of five million won) is too unreasonable.
B. Prosecutor 1) The Defendant left the site without taking measures such as aiding and abetting the victim even though he was injured by the accident of this case due to mistake of facts, and the judgment of the court below which acquitted the victim on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that the injury inflicted on the victim is extremely minor is unlawful. 2) The sentence of the court below on unreasonable sentencing is too unreasonable.
2. Determination
A. The phrase "when the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes to determine the defendant's assertion of mistake of facts" refers to the case where the driver of an accident leaves the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim although he/she knew of the fact that the victim was killed due to the accident, resulting in a situation in which the identity of the person who caused the accident can not be confirmed, and the degree of awareness of the fact that the victim was killed due to the accident does
(see, e.g., Supreme Court Decision 2001Do4996, Nov. 30, 2001). The following circumstances are revealed by comprehensively taking account of the evidence duly adopted and examined at the court below and the court below. In other words, ① the damaged vehicle due to the instant accident has teared from the left part to the left part of the left part, and the left part of the back part of the motor vehicle.