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(영문) 의정부지방법원 2016.08.11 2016노1059
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that there was no fact that the Defendant left the vehicle at the time of the instant case, and the Defendant received the rear part of the Defendant’s vehicle with his own vehicle to be overtaken by the victim E.

Since then, the defendant and the victim agreed to resolve the repair cost of the vehicle, they left the place of accident.

Therefore, the Defendant did not cause the instant traffic accident and took all necessary measures after the accident.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, E and G investigative agencies and the court below’s statements on each damage under the law of the court below are specific and consistent to the extent that it is impossible to make a statement unless they have experienced directly, and the circumstances leading to the statement are natural, and there is no circumstance to open false information. According to field CD and CCTV images, the following facts are revealed: (a) considering the following circumstances acknowledged by the evidence, the Defendant’s attempt to overtake the damaged vehicle immediately after the instant case and escape from the damaged vehicle is confirmed; and (b) based on the on-site CD and CCTV images, it can be recognized that the Defendant did not immediately stop the damaged vehicle and take necessary measures even if intending to run the damaged vehicle, as described in the facts charged in the instant case.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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