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(영문) 창원지방법원 밀양지원 2016.06.23 2015고정243

특정범죄가중처벌등에관한법률위반(도주차량)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in DNA rocketing private taxi drivers.

On June 19, 2015, the Defendant driven the above taxi on June 16:50, and was parked the road in front of the F reading room in the direction of the customary market, and subsequently parked the road in front of the F reading room.

Since there are frequent traffic between vehicles and people entering the ordinary place on the side road formed between the commercial buildings, a person engaged in driving a vehicle has a duty of care to prevent accidents, such as making a person living well at the driving direction prior to the start of the vehicle and driving safely by normally manipulating the steering gear such as hand hand, etc.

Nevertheless, due to occupational negligence, the Defendant neglected to stop, led the bicycle in the same direction as that of the Defendant’s driving vehicle driving vehicle, and did not discover the Victim G G (32 cm) on the street after the Defendant’s driving vehicle. The damaged part of the Defendant’s driving vehicle’s back part of the victim’s bicycle.

Ultimately, if the Defendant suffered injury to the victim, such as salt dynasium for about two weeks in need of medical treatment, due to the above occupational negligence, the Defendant left away from the scene without any measure, even though he/she should immediately stop at the site and check the degree of injury of the victim.

2. The phrase "when the driver of the accident runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding the damaged person under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means that the driver of the accident runs away from the scene of the accident before he/she performs his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the injured person although he/she was aware of the fact that the damaged person was killed due to the accident.