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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.09.20 2016노1795
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding the fact) has not known that the vehicle of the victim was damaged before stopping the vehicle, and the defendant is not guilty of violating the Road Traffic Act.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, even if the defendant asserts on his own, the vehicle of the defendant at the defendant was seriously damaged to the extent that operation is no longer impossible due to the instant accident (see, e.g., the 51th page of the trial record). Nevertheless, in light of the fact that the defendant continued to operate the said vehicle and left the scene of the accident, and the non-products caused by the accident was left the site of the accident after the shock of the latter vehicle and left the road (see, e.g., the 36th page of the trial record), it can be sufficiently recognized that the defendant left the site of the accident without taking appropriate measures to promote the safety of the latter vehicle while causing a traffic accident.

B. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the burden of litigation costs shall be applied to Articles 191 (1), 190 (1), and the main text of Article 186 (1) of the Criminal Procedure Act. It is so decided as per Disposition.

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