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(영문) 수원지방법원 2016.04.20 2015노5870

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal revealed that the Defendant caused the instant traffic accident and was aware of the occurrence of the instant traffic accident, leaving the site.

Therefore, it is recognized that the defendant escaped without taking necessary measures after the accident of this case.

2. The lower court determined on the grounds stated in its reasoning, on the grounds as indicated in its reasoning, that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant escaped without taking necessary measures, such as aiding the injured party, even though having been aware of the instant traffic accident, and thus, determined that the Defendant was not guilty of violating the Act on the Aggravated Punishment,

In a thorough examination of the reasoning of the judgment below's acquittal and the evidence of this case, the court below is just in holding that this part of the facts charged is not guilty on the basis of the above determination of evidence, and there is an error of law affecting the conclusion of the judgment by misunderstanding

It does not appear.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.