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(영문) 청주지방법원 2013.05.02 2013노32
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the F’s statement and relevant evidence of the grounds of appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant, by taking the vehicle back, had inflicted an injury on the victim.

2. Examining the evidence of this case closely in light of the records and legal principles, the court below is justified in finding the innocence of the facts charged of this case on the grounds as stated in its reasoning, and further, there is no reason to make a statement different from the witness I appeared for the defendant who does not have any particular personal relationship or to refuse to witness, and there is no direct evidence supporting the fact that the defendant's vehicle behind the defendant's vehicle was shocked. Rather, according to the witness K's statement of the trial witness of this case which was additionally examined at the court below, it cannot be deemed that there is a gradient at the scene of the accident, and it is difficult to see that the defendant's vehicle shocked the victim by the method that the vehicle of this case was pushed down at the back of the accident site, the evidence submitted by the prosecutor alone alone is insufficient to deem that this part of the facts charged is proven to the extent that there is no reasonable doubt, and there is no other evidence to support this.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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