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(영문) 대전지방법원 2014.07.17 2013노3172

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(In fact, the Defendant did not know at all the fact that the instant traffic accident occurred, and there was no intention to commit an escape.

Judgment

Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "when the driver of an accident runs away without taking measures as prescribed in Article 50 (1) of the Road Traffic Act, such as aiding a victim, etc." refers to a case where the driver of an accident has deserted the accident site prior to performing his/her duty as prescribed in Article 50 (1) of the Road Traffic Act, such as aiding the victim, although he/she knew of the fact that the victim was killed or injured, and brings about a situation that cannot be confirmed as the victim of the accident, such as aiding the victim, although he/she knew of the fact that

(see, e.g., Supreme Court Decision 9Do5023, Mar. 28, 2000). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the Defendant is proceeding in three lanes, i.e., the three lanes in the two lanes, where the Defendant is proceeding in the four lanes, immediately bypassing the damaged vehicle that was normally bypassing at the four lanes at the time. The Defendant considered the victim vehicle driven at the four lanes in the police station.

’고 진술하였던 점, ② 피해 차량은 피고인 차량과 충돌 이후 오른쪽 인도와의 경계석(방지턱) 위로 밀려 올라갔고 운전석 에어백이 터졌으며, 충돌 부분이 파손되는 등 그 충격이 상당하였던 것으로 보이고, 피고인도 경찰에서 ‘우회전 하면서 덜컹 거리며 뒤쪽 타이어에 무엇인가 부딪치는 느낌이 있었다

’고 진술하였는바, 피고인도 사고 당시 피고인 차량에 가해진 충격을 충분히 인식하고 있었던 것으로 보이는 점, ③ 피고인은 경찰에서 ‘덜컹 거리는...