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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.07.22 2015노1049
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal by the prosecutor (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) is to drive a vehicle in full view of the evidence submitted by the prosecutor, such as the speed of the vehicle of the defendant at the time of the accident in this case, the degree of the shock between the defendant and the damaged vehicle

The victims of traffic accidents shall receive injuries to the extent necessary to take relief measures, and the victims of traffic accidents shall fully recognize the escape without taking necessary measures.

Nevertheless, the judgment of the court below which acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in this case, is erroneous.

2. Examining the evidence duly adopted and examined by the court below in light of the record, the victims suffered bodily injury due to the instant accident only by the evidence submitted by the prosecutor.

The judgment of the court below that acquitted the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, did not err in the misapprehension of the legal principles as alleged by the prosecutor, since it cannot be readily concluded that the victims had escaped from the scene as a criminal intent of escape, and there is no other evidence to prove otherwise.

3. Therefore, 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 decided as per Disposition.

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