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(영문) 광주지방법원 2018.11.22 2018노1930

도로교통법위반(사고후미조치)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the evidence presented by the prosecutor in this case and the circumstances revealed by the evidence in this case, in particular, the victim and witness’s statement, the degree of damage and damage of the damaged vehicle, and the traffic conditions surrounding the accident scene, the defendant escaped from the site without recognizing the occurrence of the traffic accident in this case and without taking necessary measures despite being aware of the occurrence of the traffic accident in this case

It is reasonable to view it.

However, the court below found the defendant not guilty on the grounds that there was no proof of a crime, or there was an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On October 30, 2017, the summary of the facts charged in the instant case: (a) around 13:20, the Defendant driven a vehicle for CK5 (hereinafter “victim”) with the two-lanes of the 257-1 mountain road in the northwest-gu, Gwangju, and led the Defendant to drive the vehicle at the seat of the cK5-1 mountain road; (b) if there is a concern that the change of course would obstruct the passage of the vehicle on the road in which he/she wishes to change, he/she shall not change the course; and when changing the course, he/she shall operate the direction light in advance and safely changed the course to prevent accidents without a smoke, despite the fact that he/she had a duty of care to change the course to three-lanes of the vehicle by negligence, and by taking the left side part of the vehicle with the right side of the road, and is determined to have suffered damages from the road due to a clerical error in the indictment, etc.

The victim's salt, tension, etc. in need of medical treatment for about two weeks.