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(영문) 서울동부지방법원 2014.05.12 2013고단3011

특정범죄가중처벌등에관한법률위반(도주차량)

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person employed by the main points of “D” in Gwangjin-gu Seoul Special Metropolitan City and is engaged in driving the ENFxa car.

At around 03:00 on July 21, 2013, the Defendant was aware of the fact that the Victim F (20 years of age) entered the above main parking lot to the extent that he was under influence of alcohol so that he could not easily get off his body after being drunk from the main point of view, while performing his identification duty at the entrance of the above main point of “D”.

At around 04:52 on the same day, the defendant was trying to be out of the parking area due to the boarding of the above vehicle which was completely parked on the wall in the above parking lot.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the safety of the routes that are moving before boarding the motor vehicle, and to prevent accidents, such as post-oning, from occurring in the future.

Nevertheless, the Defendant failed to discover the victim who was under influence of alcohol in the rear part of the mast vehicle due to negligence, while neglecting this, and even though the Defendant did not find out the victim, and suffered an injury, such as an ebbbbial treatment for about eight weeks, the Defendant left the vehicle and escaped without taking measures, such as providing relief to the victim.

2. The defendant's appeal and judgment

A. On July 21, 2013, the Defendant asserted that: (a) around 04:52 on July 21, 2013, the Defendant: (b) driven the said car at the parking lot for the Seoul Gwangjin-gu Seoul Special Metropolitan City building; and (c) the Defendant did not have any intention to escape because he did not fully recognize the fact that the victim was shocked (hereinafter “the instant accident”).

B. Determination 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of a fugitive vehicle is established when it is established when it is aware of the fact causing the death or injury of a person and runs away. This is not only conclusive intention but also willful negligence.