The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (the misunderstanding of facts), the degree of damage of the damaged vehicle, the degree of shock on the back of the back of the Defendant’s vehicle, and the statement of witnesses, etc., given that the Defendant, after checking the rear police officer and fully aware of the fact that the accident occurred at the time, runs away, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act is established.

Nevertheless, the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. The facts charged and the judgment of the court below

A. The Defendant is a person engaging in driving of C5 tons of cargo vehicles.

On September 14:40, 201, the Defendant was driving the above cargo vehicles (hereinafter referred to as “fence vehicles”) and continued to enter the roads prior to the access roads to the Gun Do-U.S., Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, into national highways 40 in the direction of Seocheon-do from the bank of the police station granting the access roads to the roads.

There are two-lanes of roads to be entered national highways, and the E-Ba car (hereinafter “victimed vehicle”) driven by the victim D (26 years old) depending on the first lane of the said national highways was in progress, and thus, a person engaged in driving a motor vehicle has a duty of care to safely enter the said national highways into the two-lanes of the said national highways so as not to interfere with the vehicle driving on the national highways, by well examining whether there is a vehicle driving prior to entering the said national highways.

Nevertheless, the defendant neglected this and entered the same as a one-lane of the national highways and proceeded with it, thereby causing injury to the injured vehicle, such as salt, tension, etc., which requires approximately two weeks of medical treatment to the victim, by taking the front part of the right part of the damaged vehicle driven by the defendant in accordance with the one-lane of the national highways.