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(영문) 춘천지방법원 2016.07.07 2015노297
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) was aware of the shocking of the victim’s vehicle by the victim’s vehicle at the time of the instant accident, and the need for relief measures is recognized since the Defendant continued to flee without stopping the vehicle even after the police’s order to stop, resulting in danger and obstacle to traffic.

2. Determination

A. In the relevant legal doctrine, the recognition of facts constituting an offense ought to be based on strict evidence with probative value that makes a judge feel true, beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that makes the aforementioned conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) The lower court acquitted the Defendant of the facts charged in this case while explaining the grounds for its determination.

A thorough comparison of the evidence duly admitted and examined by the court below with the records, the sole evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt as to the defendant's perception of the occurrence of the accident at the time of the instant accident.

Therefore, the lower court’s judgment that acquitted the Defendant of the instant facts charged did not err by misunderstanding the facts as alleged by the public prosecutor (in particular, in light of the fact that the degree of damage to the damaged vehicle is insignificant, the Defendant’s vehicle did not have the same noise at the time when the damaged vehicle shocked the victim’s vehicle, and thus, the Defendant took the attack of the accident.

It cannot be determined by the defendant, and since the defendant had escaped to avoid the crackdown on drinking before the shock of the victim's vehicle, the defendant escaped after the accident of this case.

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