(영문) 울산지방법원 2019.09.26 2019노225 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2019.09.26 2019노225

특정범죄가중처벌등에관한법률위반(도주치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. In light of the statement of the gist of the grounds for appeal in the investigative agency of the defendant, the actions of the defendant after the accident in this case, etc., it can be recognized that the defendant was aware of the fact that the victim was killed due to his or her act.

Nevertheless, the lower court found the Defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (influence) and the violation of the Road Traffic Act (influence after the accident).

2. Determination

A. The lower court determined that the Defendant was not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and that the evidence submitted by the Prosecutor alone for the following reasons alone is insufficient to acknowledge that the Defendant caused the instant accident at the time of the instant case, and that there was no other evidence to acknowledge that there was no other reasonable doubt, and that there was a violation of the Road Traffic Act due to the failure to take a measure after the damage to property among the instant charges against the Defendant, the Defendant was judged not guilty of the injury caused by occupational negligence, and that the escape was judged not guilty of the reason, and that the Defendant was guilty of the violation of the Act on Special Cases concerning the

1) Around 18:55 on March 30, 2018, the Defendant: (a) driven a sprink car in the B SpP car in Ulsan-gun, Ulsan-gun, the Defendant changed the lane from the side of the front quarter to the Ulsan TG along the two-lanes of the Ulsan-gun, Ulsan-gun, the two-lanes. Meanwhile, the Defendant changed the lane to the two-lanes. On the other hand, the victim C (hereinafter the victim C, who driven the two-lanes at the time, was the center immediately after the Defendant’s driver’s vehicle changed the lane, and the accident was caused by the Central Separation.

Defendant

between a vehicle in operation and a vehicle driving a victim.

참조조문

-교통사고처리 특례법

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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