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(영문) 인천지방법원 2018.12.05 2018노3212
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, including the victim E, police officer G, and bus passengers H, the gist of the grounds for appeal is as follows: (a) there was a need to take measures to ensure safe and smooth traffic by preventing and removing traffic hazards and obstacles caused by the instant accident, but it is sufficiently recognized that the Defendant left the scene without taking such measures as above.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. In light of the conclusion of the judgment, the burden of proving the facts constituting the crime prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction for conviction is to be based on the evidence with probative value sufficient to have a judge conclude that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt as to the defendant's guilt, it is inevitable to determine the defendant's benefit (see Supreme Court Decision 201Do7261, Nov. 10, 201, etc.). The court below’s evidence presented by the public prosecutor, with detailed reasoning, needs to take measures to prevent and eliminate traffic hazards and obstacles caused by the instant accident, thereby ensuring safe and smooth traffic.

It is not sufficient to recognize the recognition.

In light of the facts charged, the lower court acquitted the instant charges.

In light of the evidence duly adopted and examined by the court below and the statement of the court below, the above judgment of the court below is justified, and the prosecutor's assertion that the court below erred by mistake of facts 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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