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(영문) 서울서부지방법원 2013.05.30 2013노92

도로교통법위반(사고후미조치)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although it is sufficient to recognize the facts charged in this case in full view of the evidence presented by the prosecutor in the summary of the grounds for appeal by the prosecutor, the judgment of the court below which acquitted the facts charged in this case on the grounds that there is no proof of a crime is erroneous in

2. The lower court rendered a judgment on the following grounds: (a) although there were D’s respective statements (written statement by the police, written statement by the court), false oral detection test results as shown in the facts charged, it is insufficient to recognize that the Defendant was aware of the fact that the Defendant damaged the damaged vehicle in light of the following circumstances; (b) the evidence submitted by the prosecution alone lacks to recognize the facts charged and there is no other evidence to acknowledge it.

(1) An accident was a type of accident in which the part of the vehicle driven by the defendant was sleeped before the driver's seat of the vehicle, and the part was sleeped after the victim's seat.

In addition, due to an accident, the body part of the vehicle is fulgized, and the damaged vehicle is also entering into a fulgrative and small part of the body, and the degree of damage of each vehicle is insignificant.

② The amount necessary to repair the damaged vehicle is approximately KRW 1,269,00 (including value-added tax) and is relatively high.

However, it seems that the vehicle contact level such as the back door and the rear part of the damaged vehicle, and the seal work, etc. has been increased due to the need for various parts of the vehicle.

③ The victim stated that at the time of contact with the vehicle, the vehicle was considerably shocked to the extent that the vehicle was shaking, but as seen earlier, the traffic accident was in the form of contact with the vehicle, the degree of damage of the harming vehicle and the damaged vehicle is insignificant, and the victim caused the accident while the vehicle operated by the defendant was feel abnormal.