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(영문) 대전지방법원 2015.08.27 2015고정582

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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. Around November 14, 2014, the Defendant driven a C Poter freight vehicle on November 14, 2014, and proceeded with a road at the stage of subdivision of Sejong Special Self-Governing City at the stage of postponement of Sejong Special Self-Governing City, leading to the room of the office at the stage of the fishery room.

At that time, the Defendant was a road where the center line of the yellow-ray was installed. At that time, the Defendant followed the rear of the ET 100 motorcycle driven by the victim D(75 years old) and thus, in such a case, the person engaged in driving service had a duty of care to observe the car line and to safely drive the front line by checking well.

However, in order to overtake the above motorcycle without neglecting this, the Defendant was able to find out a bus driven on the opposite side of the said motorcycle by her own vehicle, and immediately take part above the left side of the said motorcycle by her own vehicle or by negligence, which led to the right side of the said motorcycle.

As a result, the Defendant suffered injury to the victim, such as brain, which requires medical treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant left the said motorcycle without immediately stopping the said motorcycle and taking necessary measures, such as providing relief to the victim, even though it damages 590,000 won for repairing expenses.

2. The defendant asserts that he did not have any intention to commit an escape since he did not know the fact that the accident occurred.

Examining the image of a black CD, the Defendant’s vehicle is close to the center line, and the Defendant’s motorcycle was driving along the right side of the Defendant’s vehicle, and the victim’s motorcycle was driving ahead of the road at the right side of the road, and the Defendant’s vehicle was driving ahead of the center line at the right side of the road. At that time, the Defendant’s vehicle was coming into the center line along the right side of the Defendant’s vehicle and the right side of the victim’s motorcycle.

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