특정범죄가중처벌등에관한법률위반(도주차량)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal did not know at all that the defendant had shocked the victim at the time, and the defendant has no intention to commit a crime of escape.
2. Determination
A. The summary of the facts charged is that the Defendant is a person engaging in driving a D Poter freight vehicle.
On March 5, 2013, the Defendant driven the above vehicle on March 11:03, 2013, and led to the right-hand of the Cheongju-dong Cheongju-dong Cheongju-dong to the view-to-face of the audience in the Heungung-dong.
In such cases, when a pedestrian passes a crosswalk by reducing speed for a person engaged in driving of a motor vehicle, taking into account his/her front side and right side well, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians, and to prevent the accident in advance.
Nevertheless, the Defendant neglected to do so and makes it a right-hand.
On the side of the CU convenience, pedestrians E (the age of 24) crossing the crosswalk to the pedestrian signal was shocked to the front side of the Defendant’s driver’s operation, leading the victim to the surface.
As a result, the Defendant suffered injury to the victim E by negligence in the course of performing the above duties for about two weeks, and even if he did not take necessary measures such as relief measures against the victim, the Defendant escaped.
B. The lower court found the Defendant guilty of the instant facts charged based on each of the evidence indicated in its judgment.
C. 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of a Do driving vehicle is established when the crime of a Do driving vehicle is committed in recognition of the fact causing human casualties and runs away. This includes not only conclusive intention but also dolusent intention
As a subjective element of the constituent elements of crime, dolusent intention refers to the case where the possibility of occurrence of crime is expressed as uncertain and it is acceptable, and dolusent.