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(영문) 창원지방법원 마산지원 2015.01.27 2014고정628

특정범죄가중처벌등에관한법률위반(도주차량)등

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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 gist of the facts charged is that the Defendant is a person engaging in driving a C white cab.

On July 17, 2014, at around 21:25, the Defendant driven the above cargo vehicle and proceeded two lanes prior to the Busan metropolitan distance, which is located in the west-gun in the west-gun of Gyeongnam-do, according to the direction of the victim D(68 years of age) E-si for business.

In order to turn to the left at the front intersection of the accident point to the left-hand apartment, there was a duty of care to change course safely by accurately operating the steering direction and brake system and keeping the distance from the vehicle ahead.

Nevertheless, due to the negligence of changing the course in an excessive vicinity of the vehicle in front of it, the part of the back of the driver's seat of the damaged vehicle is shocked with the front part of the vehicle in front of the head of the vehicle in front, thereby causing injury to the victim, such as knee-fee-fe-fee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

2. The gist of the Defendant’s assertion is that at the time of the instant accident, the Defendant denied the charges to the effect that, by asking the victim as “nick,” the victim was frightened, and the victim was skeing his hand, left the scene of the accident and did not have the intention of escape.

3. "When the driver runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim" as provided by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, although the driver of the accident knows that the victim was killed due to the accident, the victim shall be the victim.