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(영문) 대구지방법원 2018.04.26 2017노4370
특정범죄가중처벌등에관한법률위반(도주치사)
Text

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

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendants are negligent in the performance of duties as a motor vehicle driver on the occurrence of the instant accident.

Since it can be sufficiently recognized, the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Escape), which is the primary charge, is guilty.

Even if not, it is found that the Defendants did not take necessary measures in the event of an accident. Thus, the Defendants are guilty of violating the Road Traffic Act, which is the ancillary charge, (not after the accident).

2. The lower court rendered a judgment on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Escape) and violation of the Road Traffic Act, which is the ancillary charge, as stated in its reasoning.

The judgment below

Examining the reasoning in comparison with the record, the above judgment of the court below is just, and there is no error by misconception of facts, which affected the conclusion of the judgment.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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