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(영문) 부산지방법원 2013.09.27 2013노1979

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") among the facts charged in the instant case, according to the evidence adopted and examined by the court below, the defendant classified the driver of the accident to B who was dispatched to the scene of the accident, and this constitutes "a situation in which it is impossible to confirm who caused the accident," and it constitutes "a situation in which it is impossible to confirm who caused the accident," and the defendant can be fully convicted of

2. The prosecutor asserts that the defendant escaped with the same content as the grounds for appeal in this case, and the court below rejected the above argument by stating in detail the prosecutor's argument and its decision on the "not guilty portion" in paragraph (2) of the "not guilty portion" among the judgment of the court below. The court below's decision that acquitted the defendant on this part of the facts charged is just, and it is not erroneous in the misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and the violation of the Road Traffic Act (U.S.).

The prosecutor's assertion is without merit.

3. In conclusion, the appeal of this case against the defendant by the prosecutor 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.