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(영문) 청주지방법원 2019.11.27 2019노815
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (in fact-finding) the victim I’s statement and opinion, and the evidence submitted by the prosecutor, despite the fact that the victim suffered injury due to the transport accidents in this case, the court below rendered a not guilty verdict of the facts charged in this case on a different premise, which affected the conclusion of the judgment by misunderstanding the facts.

2. In light of the circumstances stated in its holding, the court below found the victim not guilty of the facts charged in this case on the ground that the evidence presented by the prosecutor alone cannot be deemed to have proved without reasonable doubt that the victim suffered injury for about 12 weeks of medical treatment due to the traffic accident in this case, and that there is no other evidence. In light of the records and closely comparison and examination of the evidence legitimately adopted and examined by the court below, the court below is just in holding the defendant not guilty of the facts charged in this case on the ground that there is no evidence to prove the crime in this case, and there is no error of law of misunderstanding the facts alleged by the prosecutor.

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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