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(영문) 대전지방법원 2019.01.10 2018노2316
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (legal scenario) is difficult to view that the Defendant immediately left the scene after the instant accident, and that he/she properly transferred to the wife, and therefore, the Defendant sufficiently recognized that the victims suffered an injury, damaged the damaged vehicle, destroyed the damaged vehicle, and escaped.

Judgment

In full view of the circumstances stated in its reasoning, the lower court determined that it is difficult to view that the Defendant escaped from the site without taking measures to remove traffic risks and obstacles, such as rescue of victims, after causing the instant accident.

In light of the evidence duly adopted and examined by the court below and the court below, the circumstances stated by the court below are just and acceptable, and it is also justified in the judgment of the court below that it is hard to see that the violation of the Road Traffic Act (unclaimed Measures after Accidents) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) have been proven without reasonable doubt.

The circumstances alleged by the prosecutor in the grounds of appeal do not reach the extent that the reasonable doubt raised by the lower court is sufficiently resolved with respect to the facts charged in this case.

Therefore, the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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