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(영문) 창원지방법원 2016.09.29 2016노1567
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is clear that the victim was not faced with the Defendant’s driver’s vehicle in light of video data, the statement of the victim, the direction of the victim beyond the victim.

The injured party driving a bicycle and driving a vehicle across one lane on the road where the accused was driving, and the accused applied hand hand to the left side to avoid collision and returned to the center line. The injured party, regardless of the accused vehicle, only runs away from the wind that takes place to the left side, is irrelevant to the vehicle of the accused driving.

Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case erred by mistake.

2. The following circumstances revealed by the evidence duly adopted and examined by the court below and the records, that is, the victim's bicycle front part of the bus boomed at the location of the accident in this case was plicked to the right side on the basis of the progress direction of the defendant's cargo vehicle, and the victim lost its center, and the victim was exposed to the left part with the bicycle (Evidence Nos. 22-23 of the evidence record). The traffic accident in this case occurred from the defendant's fault in the rear part of the cargo vehicle while driving beyond the central line at a speed to find the victim's bicycle in advance, and driving the cargo vehicle immediately after the accident, and driving it on the back of the cargo vehicle, and the defendant did not return it to the witness, and the defendant's answer to the purport that "the rear part of the bus 22-23 side of the defendant's bicycle 3 side of the defendant's bicycle 3 side" and the defendant's answer to the purport that "the defendant did not have any evidence."

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