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(영문) 제주지방법원 2019.08.13 2018노747

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Determination on the grounds for appeal

A. Error1) The Defendant did not witness the left-hand turn at the time of passing through the crossing of the Defendant. After passing through the intersection, the Defendant used the road at the floor where the victim F was driven by reducing the speed of the vehicle. Since the above accident occurred due to the excessive speed and driving of the victim, there is no proximate causal relation with the Defendant’s act of violating the signal, and it is difficult to see that the Defendant had the intention of escape because he did not recognize the fact that the above accident occurred due to his own negligence. 2) According to Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, “when the Defendant escaped without taking measures as provided in Article 54(1) of the Road Traffic Act, such as aiding the victim,” and “when the driver of the accident was aware of the fact that the victim was killed by the accident, the Defendant cannot be seen as having been aware of the possibility of the accident at the scene before the accident site, and even if he/she did not know that the accident occurred before the accident occurred.”