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(영문) 서울중앙지방법원 2017.10.19 2017노734
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor's appeal is dismissed.

Reasons

In full view of the following circumstances, the lower court found the Defendant not guilty of the facts charged of this case, even though it is clear that the Defendant knew of the occurrence of a traffic accident, such as the facts charged, and even if he had escaped from the scene, was guilty of the crime of escape.

According to the CCTV image of the parking lot, the following facts are acknowledged: ① the victim was used on the floor of the parking lot of the underground level under the influence of alcohol; ② the Defendant’s vehicle was coming from the parking lot of the second underground level to the first underground level; ② the victim’s body was pushed down; ③ the victim’s left-hand hand was over; ③ the Defendant was under the influence of the victim; and ③ the Defendant left-out after stopping the vehicle.

Considering the fact that the Defendant had been driving experience of at least 10 years, and that the instant underground parking lot had been parked and parked in the same way while using almost every day the instant underground parking lot, the Defendant can fully recognize the existence of the parking lot in the event that the Defendant is pushing with the wheels of the Defendant’s driving vehicle, etc. or is going against

I would like to say.

As confirmed in CCTV images, the Defendant’s vehicle shocked the victim’s body, which led to the change of the victim’s who was pushed by the Defendant’s vehicle while being pushed by the victim, and the location of the damaged person’s vehicle was changed. immediately after that, the Defendant’s vehicle reverses the victim’s left-hand part of the victim’s hand, and later, the victim’s vehicle suffers from the victim’s pain by saving the victim’s hand and saving the knife.

Thus, it is difficult to understand the change of the defendant that the victim's body was shocked or was unaware of the fact that the victim's body was seriously shocked.

In light of the fact that the speed of the defendant's driver's vehicle in the parking lot at the time has not been rapid and that there is almost little flick in the surface itself in the ordinary underground parking lot, it is shaking the defendant's vehicle at the time.

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