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(영문) 대구지방법원 2021.02.09 2020노1882
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment below

The part of the Special Act on the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act shall be reversed.

Reasons

1. The prosecutor at the trial scope of this court prosecuted the defendant as the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (or the injury) and the Road Traffic Act (or the measures not taken after the accident), violation of the Industrial Safety and Health Act, and violation of the Road Traffic Act (driving).

The court below found the defendant not guilty of the facts charged of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence), violation of the Road Traffic Act (the measures not to take after the accident), and violation of the Road Traffic Act (the driving of alcohol), and sentenced the defendant not guilty of the facts charged of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) (the violation of the Act on the Aggravated Punishment, etc. of Traffic), the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (the violation

For this reason, the prosecutor filed an appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domain sentence) and the violation of the Road Traffic Act (after the accident), among the convicted parts, against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (or the bodily injury caused by the occupational and actual injury) and the violation of the Road Traffic Act due to the damage of property.

Therefore, among the judgment below, the part of the violation of the Road Traffic Act (drinking driving) and the Industrial Safety and Health Act which the defendant and the prosecutor did not appeal was excluded from the object of the judgment of this court.

2. Summary of grounds for appeal;

A. In light of the fact that a prosecutor [the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the part concerning the violation of the Road Traffic Act (the accident)] 1, the defendant's act of leaving the scene before arrival of the police officer and the 119 rescue unit, and the victim has no consent to escape from the scene

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