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(영문) 대전고등법원 (청주) 2017.01.12 2016노166
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor on the summary of the grounds for appeal (misunderstanding of the facts or misunderstanding of the legal principles), it is sufficient to recognize the fact that the defendant escaped without immediately stopping and taking necessary measures despite being aware of the instant accident.

Nevertheless, the lower court determined that there was no evidence to prove the facts charged of this case, and erred by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violating the Road Traffic Act (the measures not taken after the accident), thereby adversely affecting

2. Under the title "non-criminal part", the court below held that the defendant, on the grounds as stated in its reasoning, failed to implement the measures despite the necessity of relief for the victim at the time of the instant accident, and went away from the scene of the accident due to the criminal intent of escape.

In addition, it cannot be readily determined that there is a need to take measures to ensure safe and smooth traffic by removing traffic risks and obstacles, and on the grounds that there is no other evidence to acknowledge this, the court acquitted the violation of the Road Traffic Act (unnecessary measures after accidents) among the facts charged in the instant case, and dismissed the public prosecution on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which is in relation to the Aggravated Punishment, etc. of Specific Crimes, on the ground that there is no other evidence to acknowledge it.

In light of the evidence duly adopted and examined by the court below and the reasoning of the court below, the above judgment of the court below is just and there is an error of law by misunderstanding facts or by misunderstanding legal principles as pointed out by the prosecutor, which affected the conclusion of the judgment.

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C. Therefore, the prosecutor's above assertion 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 appeal is without merit. It is so ordered.

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