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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal;
A. Although a mistake of facts can be recognized that the defendant immediately stops after causing a traffic accident and fails to take necessary measures, such as aiding the victim, the court below erred in misunderstanding of facts, which held that the defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, not the Act on the Aggravated Punishment, etc. of Specific Crimes.
B. The court below did not recognize the violation of the Road Traffic Act due to the damage of property in the course of business, which is a reduction of the crime of violation of the Road Traffic Act (not taking measures after accident), and found the defendant not guilty of this part of this part.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is that the Defendant is engaged in driving a car BAD.
Around 20:00 on December 2, 2009, the Defendant driven the said car and proceeded the four-lanes of the said car in front of the Tri-dong, Seo-gu, Daejeon, to the 4-lanes of the mountain village. On the other hand, the Defendant: (a) was negligent in the course of business in violation of the signal at the front side of the Eri-gu, Seo-gu, Daejeon to the right side; (b) caused the victim to escape from the front part of the Dri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-owned-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
B. In full view of the circumstances in the judgment of the court below and the damaged condition of the Defendant’s vehicle, the court below held the Defendant until the Defendant lost his mind immediately after the instant accident and transferred the towing article to the hospital.