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(영문) 춘천지방법원 원주지원 2016.10.10 2016고정230

특정범죄가중처벌등에관한법률위반(도주차량)

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Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (hereinafter referred to as the “accident”) is acquitted. Of the facts charged in the instant case.

Reasons

1. The summary of the facts charged is a person engaging in driving service of Csch Rexton car (hereinafter “Defendant vehicle”).

On April 6, 2016, the Defendant driven the Defendant’s vehicle at around 22:45 on April 6, 2016, and was driven by a method such as moving back the vehicle while driving it in front of D Apartment 402.

At that time, the apartment parking lot was an apartment parking lot, and the victim E (the age of 47, female) parked in the Firing Motor Vehicle (hereinafter referred to as "victim") and was seated in the driver's seat. Therefore, when driving a motor vehicle for parking, the driver was obliged to pay attention to the duty to safely drive the vehicle by checking the front and rear side and safely driving the vehicle while checking the situation of the parking vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, thereby taking the front panion of the vehicles damaged by the back panion of the Defendant’s vehicle. The Defendant suffered chills, tensions, etc. requiring treatment for about two weeks, and at the same time, did not stop immediately so that the damaged vehicle number plates, etc. can be repaired, and escaped without taking necessary measures for traffic accidents, such as providing relief to the victim or informing the Defendant of his personal information.

2. The Defendant and his defense counsel’s assertion caused an accident in which the front driver of the damaged vehicle was involved by the front driver of the Defendant vehicle (hereinafter “instant traffic accident”).

However, there was no need to take measures under Article 54 (1) of the Road Traffic Act because the degree of the victim's injury and damage of the damaged vehicle caused by the instant traffic accident is insignificant.

Therefore, the defendant is not guilty.

3. Determination

A. In light of the legislative intent of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the legal interest and protection of the Act, the non-guilty part is an accident.