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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, other than those reported to 119, did not take any particular relief measures, and did not take any particular measures to confirm the identity of the victim F. As such, the Defendant took necessary measures, such as aiding the victims.
Although it is difficult to see the difficulty, there is an error of misunderstanding the facts in the court below which judged the defendant not guilty.
B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.
2. Judgment on the assertion of mistake of facts
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a victim of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” means a situation in which the driver of an accident runs away from the scene before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, although the victim was aware of the fact that the victim was killed due to an accident, thereby resulting in a situation in which it is impossible to determine who caused the accident.
The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road and ensure safe and smooth traffic flow. In such a case, measures to be taken by a driver shall be appropriately considered according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures is to the extent ordinarily required in light of sound form. This includes disclosure of the identity of the driver of the accident to the person related to the traffic accident, such as the victim or police officer.
However, in the reality that the provisions of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the traffic accident are not established in a sound and reasonable traffic order corresponding to the degree of the traffic accident, the driver who caused the traffic accident by his negligence is killed in the accident.