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(영문) 대전고등법원 (청주) 2016.08.18 2015노183
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (misunderstanding of facts), the defendant's occupational and practical experience is sufficiently recognized in the occurrence of the instant traffic accident.

2. Determination:

A. An ex officio determination prosecutor maintains the previous facts charged as the primary facts charged at the trial at the trial, and maintains the “violation of Road Traffic Act (U.S.)” under the conjunctive application of the Act, “Article 148 and 54(1) of the Road Traffic Act” under the conjunctive application of the Act, and “the Defendant is a person engaging in driving of D taxi.”

On May 4, 2015, the Defendant, while driving the said taxi at around 17:10, and driving the said taxi at around 17:10, the Defendant immediately stopped the victim’s bicycle driving on the right side of the Defendant’s running at the front of the front of the apartment in the form of 27:1-hon-ro, Goju-si, Goju-si, with approximately 20km speed from the front side of the apartment in the speed of 101-hon-ro, Goju-si, the Defendant did not avoid the bicycle driving on the right side of the Defendant’s running at the front intersection, and did not take necessary measures, such as providing relief to the injured party, even though the Defendant sustained the injury, such as the pipe, salke, salt, etc., for about two weeks medical treatment.

“A request for amendments to Bill of Indictment was made for each addition, and this Court has permitted it.

As seen below, this Court judged that there was no proof of a crime against the primary facts charged, and thus, this Court also became the subject of the judgment by this Court, and the judgment of the court below cannot be maintained as it changed the subject of the judgment by this Court.

B. 1) The lower court determined as to the primary facts charged: ① The victim E was trying to detect and stop a taxi at the time of entering the lower court’s court’s “at the time of leaving a bicycle to crosssection, but it was well stopped.”

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