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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the person who is engaged in driving a CKan-Pack vehicle.
On 22, 08:15 on 2013, the Defendant driven the above car and proceeded to the direction of the monthly operation from the direction of the public announcement in Ansan-do 735-7, the letter letter 735-7, the Hansan-dong, Ansan-gu, Ansan-si.
At the time, the victim D(the age of 41) stopped and loaded the cargo of E on the two-lanes of the above road, and thus, a person operating a motor vehicle had a duty of care to prevent an accident to accurately operate the steering direction and brake system, even though he was negligent in his duty of care to prevent an accident, the Defendant failed to do so and escaped without taking measures such as providing rescue to the victim, such as immediately stopping and providing rescue, even though he suffered an injury to the victim, such as the bed, saves, and tension, which require treatment for about two weeks, due to the negligence of the Defendant’s failure to do so.
2. Determination
A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.
(See Supreme Court Decision 2005Do767 delivered on April 15, 2005, etc.). B.
The following circumstances acknowledged by the record, namely, ① the Defendant consistently stated from the investigative agency to the court that the instant traffic accident occurred at the time of the occurrence of the instant accident, ② the Defendant’s vehicle at the time of the instant traffic accident, with the exception that the victim’s right-side gate is shocked and connected, and ③ the video at the time of the accident, there is no damage on the Defendant’s vehicle; ③ the Defendant’s video at the time of the accident.