특정범죄가중처벌등에관한법률위반(도주차량)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On June 27, 2012, the Defendant is a driver of the vehicle with C low-priced passenger vehicle, and on June 23:35, 2012, the Defendant driven the said vehicle and driven the four-lanes of the low-end intersection in the Busan Jin-gu, Busan, along the three-lanes from the intersection to the intersection, and stopped for signal.
Since the place is an intersection where the vehicle is concentrated and another vehicle is stopped in front of the vehicle immediately, there was a duty of care to properly use the movement of the vehicle in front and front and prevent the accident by properly using the brake system.
Nevertheless, the Defendant neglected to do so and caused the Defendant’s vehicle to proceed in the future by the negligence of removing the Defendant’s vehicle that was on the balk, and thereby, received the back part of the victim D(W, 41 years old) driving Efald car in the front of the signal, as the front part of the Defendant’s vehicle.
Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injuries, such as fluoral salt, etc., in need of treatment for about three weeks, and escaped without taking measures, such as aiding the victim.
2. Determination
A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim, etc.” refers to a case where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding a victim, brings about a situation in which
Therefore, in order to establish the above escape driving crime, the result of death should occur to the victim and the life and body of the victim.