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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal reveals that the Defendant did not see a damaged vehicle under the influence of alcohol, and caused the instant accident by negligence by failing to verify the signal of suspension or by neglecting the signal of suspension and neglecting the signal of suspension. Therefore, the offense of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is recognized.
Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged and applied only for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act. The court below erred by misapprehending the legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is that the Defendant caused a traffic accident as stated in paragraph (2) of the facts constituting the crime of the lower judgment while it is difficult to drive normally due to influence of drinking, thereby causing injury to the victims.
B. On June 27, 2013, immediately after the accident, the lower court held that the Defendant: (a) written a traffic accident situation statement in the body almost identical to the front body of the Defendant (a half-round 41 of the Investigation Record) and written the statement in the statement in detail to the effect that the accident situation was changed to the old, while going beyond a long distance from the wave even with regard to the accident circumstances; and (b) taken measures to confirm whether the victim was injured at the vehicle immediately after the accident; and (c) stated the police officer specifically at the same time about the type of alcohol, drinking, starting point, and destination point of the vehicle; and (d) it is recognized that the Defendant made a detailed statement to the police officer in detail at the time of the accident, along with these facts, such as the Defendant’s failure to properly observe the vehicle and driving the vehicle at the time of the accident.