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(영문) 인천지방법원 2015.12.18 2015고정1598

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person engaging in driving vehicles C.

On January 31, 2015, at around 22:15, the Defendant continued to work in front of the Manam Middle School, Seo-gu Incheon, Seo-gu, Incheon.

A person engaged in driving service has a duty of care to prevent accidents by driving safely before, after, after, after, and after.

Nevertheless, while neglecting this, the victim D(24 years old)'s right-free part of the crosswalk which was cut on the red signal was shocked by the driver in front of the vehicle.

Accordingly, the defendant suffered the right-free salt kne part, which requires treatment for about two weeks, and escaped without taking any measure.

2. Determination

A. "Where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" refers to a case where the driver of an accident runs away from the accident site before performing his/her duty under Article 54 (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, resulting in a situation in which it is impossible to confirm who caused the accident. In light of the legislative intent and legal interests and legal interests of the same provision, if it is acknowledged that the measures under Article 54 (1) of the Road Traffic Act have not been necessary, such as aiding the victim, taking comprehensive account of the details and contents of the accident, degree and degree of injury to the victim, degree of negligence of the driver of the accident and the victim, age and gender of the driver of the accident, circumstances after the accident, etc., even if the driver of the accident deviates from the accident site before performing his/her duty under Article 54 (1) of the Road Traffic Act.