beta
(영문) 서울남부지방법원 2016.08.10 2016고정238

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaging in driving of BKaman vehicles.

On September 6, 2015, the Defendant proceeded to turn to the left in the direction of the new apartment in the direction of the unit of the E-building in the front direction of the D in C.

In such cases, the driver has a duty of care to prevent accidents by accurately operating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, while being negligent in doing so, the road was fele and face of the injured party F (maeee and 70 years old) who was patroled in the direction of the inside of the apartment room of Mindong-dong apartment.

Ultimately, the Defendant, by occupational negligence, escaped without taking any measures, such as causing bodily injury to the victim F, such as aiding and abetting the victim at the scene of the accident, and aiding and abetting the victim at the scene of the accident.

2. Determination

A. "When the driver of an accident runs away without taking measures under Article 50 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding the damaged person" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of an accident is aware of the fact that the injured person was killed due to the accident, but it brings about a situation in which it is impossible to confirm who caused the accident because he left the accident site before he performs his duty under Article 50 (1) of the former Road Traffic Act, such as aiding the injured person although he was aware of the fact that the injured person was killed due to the accident, and the above victim relief measures are not necessarily required directly by the person in his own control, or even if other person takes relief measures first before leaving the site (see Supreme Court Decision 2006Do138, Mar. 9, 2006).