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(영문) 서울남부지방법원 2013.04.02 2012고단4815

특정범죄가중처벌등에관한법률위반(도주차량)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving D buses.

On September 16, 2012, the Defendant driven the above bus around 05:45, and moved the intersection in front of the workshop, Ireland, which is located in 17, Dong-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to a speed that is impossible to identify two lanes of the two-lanes from the boundary of the National Assembly to the boundary of the KBS broadcasting station at the seat of the National Assembly.

Since the place is a three-distance intersection without signal lights, the driver of the vehicle has a duty of care to check the safety of the course by properly examining the front line prior to the righting of the vehicle and to make a righting of the vehicle.

Nevertheless, the Defendant neglected this and left without taking necessary measures, such as immediately stopping the bus driving by the Defendant with the right side of the bus that the victim E (the age of 38) driven by the Defendant, who was in order to catch a taxi on the right side of the bed intersection due to the negligence of bypassing it as it is, and without taking necessary measures, such as aiding and aiding the victim, the Defendant left the vehicle as it is, and caused the victim to reverse the victim who was driven by the F that was followed by the Defendant’s vehicle behind the vehicle, thereby causing approximately 16 weeks of medical treatment on both sides and the end of the bus requiring approximately 16 weeks medical treatment.

2. The defendant and his defense counsel asserted that there was no intention of escape since they did not recognize the fact that they had shocked the victim (hereinafter referred to as the "accident in this case").

3. Determination

A. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when a person is aware of the fact leading to the death or injury of another, and the crime includes not only the conclusive intention but also the willful negligence.

As a subjective element of the constituent elements of crime, dolusent intention refers to the case where it is apparent that the possibility of occurrence of crime is uncertain and it is acceptable, and it is intended to have dolusent intention.