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The prosecutor's appeal is dismissed.
Reasons
1. Although the summary of the grounds for appeal is that the defendant's vehicle was shocked by E, the judgment of the court below which acquitted the defendant of this part of the facts charged on a different premise is erroneous in misconception of facts.
2. The summary of the facts charged was around 18:00 on February 2, 2012, the Defendant driven a Done Starex vehicle on the street before the luxio lux lux lux lux lux lux lux lux lux lux lux at the entrance from the luxio lux lux lux lux lux
As a driver who is engaged in driving duty, the defendant has a duty of care to properly see the right and the right and the right and the right and the right and to accurately operate the steering and brake system.
Nevertheless, the Defendant did not neglect this in the state of brewing and did not check back the back, and did not 5 meters back, and caused the part of the victim E(53 years old) driver’s rear-down of the above-mentioned vehicle to the back part of the Defendant’s vehicle.
As a result, even though the defendant suffered from an injury, such as spawn spawn, which requires treatment for about two weeks, the defendant escaped without immediately taking necessary measures, such as aiding the victim.
3. The lower court determined that in a criminal trial, the crime should be established based on strict evidence with probative value, which leads to a judge’s conviction to the extent that there is no room for reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach such a degree of conviction, it should be determined in the interests of the Defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, etc., even if there is a doubt of guilt. However, the lower court consistently raised an objection as to the collision of vehicles from the time of the occurrence of the instant case, namely, the following circumstances revealed by the evidence duly adopted and investigated by the lower court.