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(영문) 대구지방법원 2016.07.21 2015노4060

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that the Defendant left the site without fulfilling all necessary measures after the accident, such as identifying himself/herself.

2. The lower court rendered a not guilty verdict on this part of the facts charged while explaining in detail the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.