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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2013.04.26 2012노908
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the defendant, at the time of the instant traffic accident, can be found to have escaped without taking any measures, despite recognizing that the victim E suffered bodily injury due to the instant traffic accident.

However, the court below found the defendant not guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) on the ground that the defendant cannot be found guilty of the criminal intent of escape.

2. Based on the evidence duly adopted and examined by the court below, the court below's determination that the defendant cannot be punished as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that the evidence submitted by the prosecutor alone, based on its stated reasoning, is insufficient to recognize that the defendant was proven to the extent that there was no reasonable doubt as to the occurrence of the instant traffic accident and the victim's bodily injury due to the accident, and there is no other evidence to recognize it, and there is no error of misunderstanding of facts as alleged in the grounds for appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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