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(영문) 서울동부지방법원 2021.01.29 2020노931
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor based on the gist of the grounds for appeal, since it can be sufficiently recognized that the occurrence of a traffic accident as indicated in the judgment of the court below (hereinafter “the instant traffic accident”) was caused by Defendant’s occupational negligence, the Defendant is guilty of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination of the facts) (hereinafter

Even if the Defendant did an act of leaving the site without taking any measures against the instant traffic accident, the lower court should have recognized the crime of violation of the Road Traffic Act (after the accident), which is a reduction of the official fire-fighting room in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes (misunderstanding of the legal doctrine). In such a case, the lower court rendered a judgment of not guilty of the facts charged. In so doing, the lower court erred by misapprehending

2. Prior to the judgment on the grounds for ex officio appeal following the amendment of the indictment, the prosecutor maintained at the trial court the original charge as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) in the primary charge, and applied for the amendment of the indictment with the content of adding the ancillary charge, which is found guilty below, as the case is added by granting permission. Thus, the judgment of the court below is no longer maintained.

However, the prosecutor's appeal related to the primary facts charged is still subject to the judgment of this court, despite the existence of the above reasons for reversal of authority.

3. Judgment on the grounds for appeal by the prosecutor

A. 1) The summary of the facts charged is that the Defendant is a person who is engaged in driving a Bchip car, and that driving the said car around 10:25 on February 7, 2020, which is located near the Songpa-gu Seoul Metropolitan Government apartment C apartment building D and located near the Dong of the Olympic Park.

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