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(영문) 인천지방법원 2018.06.27 2018노723
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of facts) is that the instant accident shocks the vehicle driven, according to CCTV images at the time of the accident, the victim went away from the site of his own vehicle, and the defendant escaped, taking full account of the fact that the victim started to abscond, and the road structures actually occurred, it is recognized that it is necessary to take measures to ensure smooth traffic by preventing and removing traffic hazards and obstacles at the time of the instant accident and that the defendant escaped without taking such measures as above.

2. The lower court, based on the evidence presented by the prosecutor, necessary to take measures to ensure smooth traffic by preventing and removing traffic hazards and obstacles caused by the accident at the time of the instant accident.

The lower court acquitted the Defendant of the instant charges on the ground that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

The above judgment of the court below is just in light of the evidence duly adopted and examined by the court below and the reasoning of the court below.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the defendant of the facts charged of this case is erroneous is without merit.

3. In conclusion, 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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