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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.02.13 2014노1883
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic (U.S.) from among the facts charged in the instant case, the Defendant asserted that the Defendant was a telephone call to request assistance at a place that is not far away from the site of the accident after the accident in this case, but did not leave the site. However, the Defendant, in drinking condition, left the site beyond the central line immediately after the occurrence of the instant accident, and the Defendant stated at the police that the Defendant was able to escape from the delivery of the Defendant at the site of the instant accident. Although I testified to the effect that the Defendant did not escape, unlike the above statement at the court of the lower court, I testified to the effect that he did not have fled, it cannot be reliable as it was a subsequent statement agreed upon by

Therefore, the judgment of the court below which acquitted this part of the facts charged under a different premise is erroneous and erroneous.

2. Based on the records of this case, the court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone, based on the records of this case, is difficult to recognize that the defendant left the place of accident without relief measures, etc. after the accident of this case, and there is no other evidence to acknowledge this, and therefore, the facts charged of this case constitutes a case where there is no evidence of crime. The court below's aforementioned judgment can be accepted by closely comparing the records of this case and the reasoning of the judgment of the court below, and it is judged that there is no error of mistake of facts even after examining the grounds for appeal

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 ground that it is without merit. It is so decided as per Disposition.

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