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(영문) 광주지방법원 2020.06.09 2019노1735

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged of this case, even though the defendant had been aware of the occurrence of the traffic accident in this case, based on the statement by the victim, the degree of damage of damaged vehicles, and the black image, etc.

2. The lower court determined as follows based on the evidence duly adopted and examined: (i) the Defendant’s vehicle is a large freight vehicle with 14.5 tons; (ii) the instant traffic accident was caused by shocking the end of loading the Defendant’s vehicle following the front of the U.S. vehicle in the U.S., and the rear door of the damaged vehicle even even even even, etc.; (iii) the Defendant’s shock may not have been relatively significant compared to the shock of the damaged vehicle; and (iv) the Defendant’s vehicle only left after the front of the vehicle, which was partially imprisoned by the damaged vehicle; and (iii) the Defendant’s vehicle did not perform any act to know the occurrence of the instant traffic accident until the front of the frame after the occurrence of the instant traffic accident; and (iv) the Defendant’s vehicle did not have any other evidence to acknowledge the occurrence of the instant accident in light of the following circumstances: (i) the Defendant’s vehicle without any other evidence to acknowledge that the accident occurred in the field of the vehicle at issue; and (iii) the Defendant’s vehicle did not have any other reason to recognize it.