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(영문) 창원지방법원 2016.11.03 2016노1671

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the judgment below which acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, or in the misapprehension of legal principles, which affected the conclusion of the judgment, although the Defendant had sufficiently recognized that the Defendant had escaped without taking any measures despite the recognition of the victim's injury due to the instant

2. Determination

A. The summary of the facts charged is that the Defendant is a person engaged in driving a rocketing private taxi.

At around 16:50 on June 19, 2015, the Defendant, while driving the above taxi, was parked a road in front of the F Reading room in the direction of the customary market.

Since there are frequent traffic between vehicles and people entering a usual place on the side-road formed between the commercial buildings, there was a duty of care to prevent accidents, such as a person engaged in driving a vehicle, and a person engaged in driving a vehicle, with the duty of care to prevent accidents by properly manipulating the steering gear, such as operating the steering gear, and driving the vehicle in a normal manner.

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 (32 years old and female) who was on the street after the Defendant’s driving vehicle. The part of the Defendant’s driving vehicle owned the victim’s bicycle that the victim was on board with the rear part of the Defendant’s driving vehicle.

Ultimately, if the Defendant suffered injury, such as the definite salt requiring treatment for about two weeks, due to such occupational negligence, the Defendant left the scene without any measure, even though he/she should immediately stop at the site and take measures to confirm the degree of injury of the victim, and went away from the conventional market.

B. Judgment of the court below.