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(영문) 울산지방법원 2015.08.12 2014고단3858

특정범죄가중처벌등에관한법률위반(도주차량)등

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Of the facts charged in the instant case, it is not guilty of violating the Road Traffic Act due to the failure to take measures following the destruction of property.

Reasons

1. The Defendant is a person who is engaged in the business of driving C concrete mixtures trucks.

On July 28, 2014, the Defendant changed the three-lanes to the other three-lanes while proceeding along the two-lanes from the Clock to the Clock, the front road in Ulsan Metropolitan City, Ulsan Metropolitan City, along the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle while keeping the traffic situation of the front and rear left well and prevent the accident in advance.

Nevertheless, the defendant neglected this and changed the three-lanes into the upper right side of the G FD car driven by the victim FF in the three-lane due to the negligence of changing the three-lanes to the three-lanes, and the upper right side of the vehicle driven by the defendant.

Ultimately, the Defendant, by occupational negligence, committed an injury to salt, tension, etc. that requires treatment for about two weeks to the victim, and, at the same time, did not immediately stop the victim’s vehicle and run away without taking necessary measures, such as providing relief to the victim, even though it damages the victim’s vehicle amounting to KRW 1,94,00.

2. Parts not guilty;

A. The Defendant asserted that he had no intention to commit an escape since he left the scene without recognizing the occurrence of a traffic accident as stated in the facts charged (hereinafter the instant accident).

In addition, the victim did not have any injury due to the above traffic accident, and the above traffic accident is not caused by the fault of the defendant.

B. (1) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is established when a person is aware of the fact leading to the death or injury of a person, and such crime includes not only the conclusive intention but also the willful negligence.

As a subjective element of the constituent elements of crime, dolusent intention is likely to occur.