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(영문) 수원지방법원 2019.05.15 2018노8321
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that the defendant's criminal intent to escape was sufficiently recognized in light of the black stuff images and the statements of the victim, which were submitted as evidence of the summary of the grounds for appeal.

2. Determination

A. On May 21, 2018, the Defendant: (a) driven the above vehicle at a speed of 21:37, the Defendant changed the course to the four-lane in front of the Defendant’s three-lane vehicle in front of the said three-lane vehicle, while driving the said vehicle at a distance of 7 lanes in the vicinity of the luminous road in the Young-gu Office of Gyeonggi Provincial Police Agency. The Defendant, at the front of the said three-lane vehicle, had the victim C driver stopped the vehicle for signal traffic; (b) the Defendant, while driving the front side and the right side of the said vehicle, should accurately operate the steering direction and brakes to prevent the accident from spreading; and (c) on the other hand, the Defendant failed to take measures necessary to repair the said vehicle to the extent that the victim needs to take care of the said vehicle; and (d) at the same time, 200 Do 200 Do 13344, May 21, 2018, 200

B. According to the police statement, diagnosis statement, quotation, traffic accident-related photographs, video CDs with respect to the judgment of the court below, the defendant stops on the left left line.

It is recognized that the victim's vehicle which had been stopped prior to the change of the vehicle with the straight-line is 2 weeks of injury to the victim and damaged the damaged vehicle.

However, the following circumstances recognized by video CDs, traffic accident-related photographs and investigation reports (e.g., the results verification) were shown, i.e., the damaged vehicle immediately after the accident, but the accident was committed.

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