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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.12.09 2015노705
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor, including the statement of the victim in the gist of the grounds for appeal by the prosecutor, the defendant may fully recognize the fact that the defendant, while driving a vehicle, shocked the victim who has dried the crosswalk according to the pedestrian signal and inflicted an injury on the victim;

Nevertheless, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone cannot be readily concluded that the defendant violated the signal at the time of the instant accident or violated the duty to protect pedestrians in the crosswalks, and there is no other evidence to acknowledge this otherwise. Thus, the facts established and determined by the court below that dismissed the public prosecution of this case on the ground that there is no proof of crime as to the facts charged of this case and there is no error of mistake of facts as pointed out by the prosecutor in the judgment below.

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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