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(영문) 울산지방법원 2014.10.10 2014노570
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the fact that the defendant and the victim met the accident without leaving the vehicle at the site immediately after the occurrence of the accident and talks about the accident site, and the defendant left the accident site without any remarks, and thereafter the defendant's wife moved the vehicle to the road edge, the vehicle moving to the accident site was a road where other vehicles continued to proceed. Thus, it cannot be deemed that the defendant promptly takes necessary measures in response to the situation at the accident site, and thereby securing safe and smooth traffic by preventing and removing the traffic danger and obstacles, and therefore, the court below acquitted the defendant of the charges not guilty of the non-measures after the damage.

In a thorough examination by comparing the reasoning of the judgment below with the records, the court below is justified in finding the defendant not guilty on the ground that the facts charged in this case constitutes a case where there is no proof of crime, and it does not seem that there is an error of misunderstanding of facts or misunderstanding of legal principles as argued by the prosecutor.

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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