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(영문) 대전지방법원 2016.03.31 2015노2609
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the charges to the effect that the Defendant, while driving the Defendant’s car (hereinafter “victim”) by driving the Defendant’s car (hereinafter “victim”) at the time of the instant case, was driving behind the left side of the damaged vehicle Ei 40 passenger cars (hereinafter “victimed vehicle”) for the victim’s use of the damaged vehicle (hereinafter “the instant accident”), and went back without immediately stopping and without taking necessary measures, even though the Defendant damaged the damaged vehicle to have an amount equivalent to KRW 882,038,00,000 for repair cost.

However, it is difficult to readily conclude that the damaged vehicle was damaged to the extent that the damaged vehicle requires repair costs equivalent to KRW 882,038, because the damaged vehicle and the damaged vehicle were insignificant and only pass by the accident at the time of the accident, and the Defendant did not recognize the fact that the accident occurred due to contact between the damaged vehicle and the damaged vehicle at the time of the accident.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous by mistake of facts.

B. Prosecutor 1) The lower court, based on the evidence presented by the prosecutor, has sustained injury under the Criminal Act that the victim D and F have damaged the completeness of the body due to the instant accident, has hindered the function of life, or has changed the state of health in bad condition.

In light of the lack of recognition and no other evidence to acknowledge it, the Defendant acquitted on this part of the facts charged.

(1) However, according to the black boom CD images that recorded the situation at the time of the instant accident (hereinafter “boom CD images”), it is clearly confirmed that the body of the damaged vehicle due to the shock of the instant accident is sealed, and in the case of the victim F, the body is displayed in the future due to the shock.

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