2012No908 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles)

Violation of the Traffic Act (Measures Not to be Taken after Accidents)

A

Prosecutor

Kim Yong-hee (Public prosecution) and Huhee (public trial)

International Law Firm

Attorney Kim Dong-jin

Ulsan District Court Decision 2012Ma1458 Decided December 13, 2012

April 26, 2013

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

According to the evidence submitted by the prosecutor, even though the defendant knew that the victim B was injured by the traffic accident at the time of the instant traffic accident, the defendant can be found to have escaped without taking any measures. However, the court below acquitted the defendant of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that the defendant cannot be recognized as having committed a crime of escape, and the court below erred by misapprehending the facts

2. Determination

In full view of the evidence duly adopted and examined by the court below, the court below's determination that the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is not punishable on the ground that the evidence submitted by the prosecutor alone, based on its stated reasoning, is insufficient to recognize that the defendant was proven to the extent that there was no reasonable doubt as to the occurrence of the instant traffic accident and the victim was injured by the accident, and that there is no other evidence to recognize it, and it does not seem that there was an error of misunderstanding of facts, such as the allegation in the grounds for appeal

3. Conclusion

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

The presiding judge, the Full Judge Line

The number of judges appointed

Judges Preferential-hun