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(영문) 서울북부지방법원 2018.08.17 2018노313

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the victim’s statement, injury diagnosis certificate, black image, etc., the victim suffered injury due to the instant traffic accident, according to the misunderstanding of facts (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the main sentence))

Although it can be seen, the court below erred in finding the defendant not guilty by misunderstanding the truth.

B. The sentence of the lower court that is unfair in sentencing (two years of suspended sentence in August) is too unfortunate and unfair.

2. Judgment on the assertion of mistake of facts

A. On July 28, 2017, the Defendant, at around 21:02, driven a bicycle for the motor device and tried to flee without immediately stopping the bicycle and without taking necessary measures, such as aiding and abetting the damaged person, by neglecting the duty of her first-hand watch while neglecting the duty of her first-hand watch on the side of the front side of the motor vehicle in Seongbuk-gu Seoul at the direction direction.

B. The lower court determined based on the following circumstances acknowledged by the evidence duly admitted and investigated, it is difficult to believe that the witness E’s statement that he/she suffered injury due to the instant traffic accident is well reliable, and the victim suffered injury due to the instant traffic accident only on the medical certificate on the 29th page of the evidence record alone.

In short, it is insufficient to conclude this part of the charges, and on the grounds that there is no evidence to acknowledge this part of the charges.

1) According to the incident video CD, while the victim was passing through the intersection along the intersection of the side road, the victim conflict with the motor device bicycle of the defendant's motor device and the right-hand part of the victim's vehicle by discovering and stopping the motor device and bicycle on the right-hand side of the intersection.