logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.12.07 2016노3299
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In relation to the summary of the grounds for appeal (in fact-finding or misapprehension of legal principles), the Defendant immediately stopped and did not take necessary measures despite the damage of the damaged vehicle due to a traffic accident, and even though a witness notified the fact of the accident and requested the stopping of the vehicle, the Defendant moved the vehicle to cause another traffic danger and obstacle, and thus, the same constitutes a case where the Defendant did not take necessary measures at the time of the occurrence of a traffic accident under Article 148 of the Road Traffic Act

Nevertheless, the lower court acquitted the Defendant of this part of the charges, and the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the violation of the Road Traffic Act (unexploitive measures) out of the instant charges on the grounds that it is difficult to deem that the Defendant was required to take measures to ensure smooth traffic by preventing and removing traffic risks and obstacles caused by the instant traffic accident by the evidence submitted by the prosecutor alone.

In light of the evidence duly adopted and examined by the court below and its reasoning, the above judgment of the court below is just.

Therefore, the prosecutor's assertion that the judgment of the court below which acquitted this part of the facts charged is erroneous in mistake or misapprehension of legal principles is without merit.

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

arrow