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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.19 2016노1910
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment below

Among them, each violation of the Special Act on the Settlement of Traffic Accidents against Victims C, D, E, F, G, H, I, J, and K.

Reasons

1. In full view of the summary of the grounds for appeal (the fact-finding) and the statements of the Defendant and victims, and the video of a black box in which the Defendant escaped, the Defendant was forced to leave the scene after causing a primary accident and caused the secondary accident. As such, the Defendant had the intention to escape.

In the judgment of the court below that it is difficult to conclude that the second accident of this case was caused by the negligence of the defendant's violation of signals, etc., there is an error of misconception of facts in determining the facts.

2. Determination and ex officio determination of the prosecutor’s assertion

A. In light of the evidence duly adopted and examined by the court below as the grounds for not guilty, and the following circumstances, which can be recognized by the accident video CD, the possibility that the Defendant’s vehicle was in an abnormal situation after the first accident, cannot be ruled out, and there was an intention to escape from the site without taking necessary measures, such as aiding victims after the first accident.

It is difficult to view that the second accident occurred due to the negligence of the defendant's violation of signal, etc., without any reasonable doubt, and there is no other evidence to acknowledge it.

The prosecutor's above assertion is without merit.

① After shocking the victim LV, the Defendant’s vehicle driven the above vehicle to left the left, and shocked the right side of the road rail in the direction of proceeding, and continued to proceed after shocking the opposite road rail again, resulting in the second accident and return to the intersection of this case.

At this time, the point of view recorded in the black image of a vehicle that has observed the second accident is 22:55:16.

(2) A victim L is due to a defendant's vehicle who has concealed his/her vehicle to the left and shocked the right side of the road rail in the direction of proceeding.

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