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(영문) 인천지방법원 2014.07.16 2014노700
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that the Defendant violated the duty of care in advance, committed an accident in violation of the duty of care in advance, and escaped from the site without any measures without notifying the victim of contact details.

2. The judgment of the court below is just and acceptable when comparing the reasoning of the judgment below with the records, it is not sufficient to find that the defendant had a criminal intent to commit the occurrence of the accident in this case and the criminal intention to escape, with the evidence submitted by the prosecutor alone, and there is no other evidence to prove otherwise.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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