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(영문) 대구지방법원 2015.11.12 2015노2189
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the victim suffered an injury due to the instant traffic accident caused by the Defendant’s negligence, the Defendant failed to perform his/her duty to provide relief to the victims, and there is no fact that the victim knew his/her identity.

The judgment of the court below which acquitted the defendant of the charge of this case even though the defendant's criminal intent of escape was recognized is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

2. Based on its stated reasoning, the lower court acquitted the Defendant of the facts charged of the instant case on the ground that it is difficult to recognize that the Defendant left the scene with the criminal intent of escape without implementing measures to the extent normally required to prevent or eliminate traffic risks, etc., without taking appropriate relief measures against the victim after the accident.

Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.

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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