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(영문) 수원지방법원 2018.06.15 2018고단1639

특정범죄가중처벌등에관한법률위반(도주치상)등

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person engaging in driving a car BK7 vehicle.

On February 1, 2018, the defendant driving the above car at around 22:55, and proceeded at the speed of the city at the second floor parking lot of Dongwon-gu Seoul Metropolitan City, Suwon-gu, Seoul Metropolitan City.

In this case, the driver of a motor vehicle has a duty of care to prevent traffic accidents by accurately manipulating brakes, steering devices, etc. while considering the traffic situation of the driver of a motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as it was, but failed to find out the F-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant suffered injury to the victim, such as light dump dump, which requires two weeks of treatment by occupational negligence as above, and at the same time, did not take necessary measures, such as damaging the repair cost to cover approximately KRW 4.4 million, and did not leave the above K7 car at the site without taking necessary measures, such as aiding the victim.

2. Determination

A. Article 54(1) of the Road Traffic Act provides that “When any person is killed or injured or any goods are damaged by traffic, such as driving of a motor vehicle, the driver or any other crew member of the motor vehicle shall immediately stop the motor vehicle and provide the victim with necessary measures, such as providing assistance to casualties, and personal information.” Article 148 of the same Act provides that the person who fails to take measures under Article 54(1) shall be subject to criminal punishment, and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that the person shall be injured and the person shall be subject to aggravated punishment if the person fails to take measures under Article 54(1) of the Road Traffic Act.

The purpose of Article 54 (1) of the Road Traffic Act is to ensure the traffic on roads.