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(영문) 대전지방법원 천안지원 2012.09.27 2012고정446

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (hereinafter referred to as the “accident”) is acquitted. Of the facts charged in the instant case.

Reasons

1. The Defendant is a person who is engaged in driving a car in Cknife.

On March 3, 2012, at around 23:30, the Defendant proceeded at a speed that would not be known from the two-stop-gu bank of Western-dong 544-1, Seo-gu, Seo-gu, Seocheon-gu to the boundary of Nowon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected to do so and tried to reach the right side of the EM car driven by the victim D (W, 23 years old) who was driving on the road in which the car was driven by the negligence of the defendant.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim D, such as brain-dead sugar that requires treatment for about two weeks, and brain-dead sugar that requires treatment for about two weeks to the victim F, who is the passenger of the damaged vehicle, respectively, and escaped without immediately stopping the damaged vehicle to take necessary measures, such as providing rescue to the victim, even though it damages the damaged vehicle to the extent that its repair cost would be 762,140 won.

2. The assertion and judgment

A. The defendant and his defense counsel asserted that the accident of this case was insignificant in the degree of shock, and the victims were diagnosed only with symptoms of appeal because they did not discover any peculiar points or objective examination errors in CT, and only minor drug treatment was conducted. As such, the necessity of relief measures is not nonexistent due to the above accident, and thus, the defendant cannot be punished as a violation of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. In light of the legislative intent and legal interest and protection of the provision on the aggravated punishment of a fugitive driver under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the details and contents of the accident.