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(영문) 대전지방법원 서산지원 2014.02.14 2013고단482
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant shall be innocent.

Reasons

1. At around 19:00 on November 4, 2012, the Defendant: (a) driven a C Pobbbbroping truck (hereinafter referred to as “instant truck”); (b) proceeded one way ahead of the Mabroping bus stops, which are located in the Tropical and Tropical ropical ropical ropical of the Sinjin-si, along the intersection from the ropical to the parallel.

At the time, since there was a motor vehicle driving on the opposite side, there was a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle on the opposite side.

Nevertheless, the Defendant neglected to do so and was driven by D, which normally proceeds from the opposite lane due to the negligence of driving in the opposite lane, as the part of the cargo vehicle in front of the cargo vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, escaped without immediately stopping the said vehicle, without taking necessary measures, such as providing relief to the said D, even though the Defendant destroyed the said vehicle, which is equivalent to KRW 2,091,136, such as the replacement and maintenance of the panion.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). B.

Among the evidence submitted by the prosecutor, there is evidence that corresponds to the facts charged in the instant case, D's testimony and statement to investigation agency, the victim of the instant accident.

However, D is a driver's seat at the investigative agency.

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