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(영문) 수원지방법원 2016.07.22 2015노7239
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor as to the defendant A, although it is sufficiently recognized that the defendant A had the intention to flee at the time of the instant case, the court below found the defendant A not guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles) on the ground that the defendant's intention to flee cannot be recognized, and there is an error of law by misunderstanding

B. According to the evidence submitted by the prosecutor as to the defendant B, although the defendant B could have found the occurrence of the accident leading to the death of the victim due to the violation of the duty of care, the judgment of the court below which acquitted the defendant B, is erroneous in the misapprehension

2. Determination

A. In full view of such circumstances, Defendant A, at the time of the accident, seems to have escaped from the place of the accident while he did not think that his taxi was shocked, and did not have any negligence, in full view of the following circumstances: (a) the lower court explained about various circumstances acknowledged by the records at the 20th to 5th 10th 10 of the said judgment; and (b) comprehensively taking account of such circumstances, Defendant A, at the time of the accident, only appears

In addition, it is difficult to see that the evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged that Defendant A intentionally escaped without carrying out relief measures despite the occurrence of the death accident. In determining that Defendant A was not guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) against Defendant A, and only found Defendant A guilty of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, which

2) In light of the following, the burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to lead the judge to be aware that the facts charged are true to the extent that there is no reasonable doubt.

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