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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2019.10.16 2019노317
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

According to the evidence submitted by the prosecutor on the summary of the grounds for appeal (the misunderstanding of legal principles) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant caused the instant traffic accident, and the fact that the victim suffered the injury can be fully recognized.

In addition, the necessity of the defendant to take measures under Article 54 (1) of the Road Traffic Act at the time is also recognized.

Therefore, even though this part of the facts charged is guilty, the judgment of the court below which judged otherwise is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment

According to the evidence submitted by the prosecutor as to the violation of the Road Traffic Act (ex post facto measures), it can be sufficiently recognized that the defendant did not take necessary measures even though he/she caused the instant traffic accident resulting in traffic obstruction.

Therefore, even if this part of the facts charged is guilty, the judgment of the court below which judged otherwise is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the judgment.

On July 24, 2018, the Defendant was driving his Vietnam-cracked car on his own on July 24, 2018, and led to a speed of about 40 km to 50 km at the speed of about 40 km and 50 km along the two-lane road from the north king Tol, the adjacent road of the king-si was traveling from the north king Tol, to D.

At the same time, the Track car driven by the victim E (31 years old) is in the same direction, and the defendant has a duty of care to prevent accidents by accurately manipulating the steering gear while complying with the lacing and right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and neglected to observe the Track-si, and received the top part of the Track-si in front of the Back-si in the Bluck-si.

(hereinafter referred to as the “instant traffic accident”).

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