(영문) 춘천지방법원 영월지원 2017.01.24 2016고정87

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(영문) 춘천지방법원 영월지원 2017.01.24 2016고정87

도로교통법위반(사고후미조치)

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving of CM7 automobiles.

On April 14, 2016, at around 16:40, the Defendant operated the said car on the national highway No. 38 of 500 meters prior to the intersection of Dol-ri, Dol-ri, Dol-ri, Dol-ri, Seog-ri, and proceeded at the speed of the ebbbbs from the Taeg-ri side to the ebspon.

At that time, since there was a two-lane road, a person engaged in driving service has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and duty

Nevertheless, the Defendant neglected this and neglected to change the two lanes from the two lanes to the one lane, and went away without taking any measure, even though the Defendant failed to take any measure to stop immediately and take necessary measures so as to cover the repair cost, such as the occurrence of scrap scrap on the front part of the damaged vehicle and the front part of the front part of the damaged vehicle, by taking the front part of the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. The burden of proving the facts charged in a criminal trial for judgment is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value that leads a judge to feel true enough that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is a doubt as to the defendant's guilt, it is inevitable to determine the defendant's benefit (see Supreme Court Decision 2008Do1096, Jun. 25, 2009, etc.). The crime of violation of Article 54(1) of the Road Traffic Act, which is punished under Article 148 of the Road Traffic Act, constitutes an intentional crime that requires recognition of the existence of human thoughts and damage to things, and thus, the defendant knows that there is shock with the victim at the time of the instant case.

참조판례

-대법원 2009. 6. 25. 선고 2008도10096 판결

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