특정범죄가중처벌등에관한법률위반(도주차량)
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, who is engaged in driving a C-Wing car on June 5, 2013. Around 23:02, the Defendant was driving the C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing from the shooting distance to the 12-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing, at night at night, at the night, the Defendant was obliged to take occupational duty to reduce the speed and prevent the occurrence of the traffic accident by driving a vehicle in advance by reducing the speed of the vehicle at the night, but the Defendant did not find the victim F-W (50 years of age) who was under the influence of alcohol while driving the vehicle as it was without any necessary measure to rescue the victim by stopping the vehicle immediately, thereby causing the victim’s death at the above place around June 36, 2013:
(hereinafter referred to as the "accident") 2. Judgment
1. The defendant and his defense counsel asserted that the defendant and his defense counsel did not have the intention of escape since they did not know at all the time of the accident of this case.
2. Determination
A. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when a person is aware of the fact causing the death or injury of another and escaped. This includes not only conclusive intention but also dolusent intention. The prosecutor bears the burden of proving the existence of dolusent intention, which is a subjective element of the crime charged by the prosecution. Meanwhile, the conviction should be based on the evidence with probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt about the defendant's guilt, it is the defendant's interest.