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(영문) 춘천지방법원 원주지원 2017.06.12 2016고단866

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Of the facts charged in the instant case, it is not guilty of violating the Road Traffic Act (the measures not taken after the accident). Of the facts charged in the instant case.

Reasons

1. The Defendant is a person engaging in driving a passenger car Cenz B200.

On December 18, 2015, the Defendant driven the above vehicle at around 23:30 on December 18, 2015, and driven the two-lanes in front of the E cafeteria D in the original city to the private distance of the site in the direction of the Korean official distance, and changed the two-lanes from the two-lane to the one-lane.

When changing the vehicle line, there was a duty of care to give notice of change of course by operating direction, etc., and to change the vehicle line as well as the situation of traffic at the right and right before and after.

Nevertheless, the Defendant neglected this and changed the car line to the left-hand side as it was, by negligence, received the part of the front part of the vehicle of the Defendant, following the right-hand part of the G rocketing taxi driver F in the front of the signal waiting.

Ultimately, the Defendant, by negligence on duty, sustained injury to the victim H (V, 18 years old), who was on board the said taxi due to the above occupational negligence, including the catum cat that requires treatment for about two weeks, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the said taxi to the extent that the amount of the repair expense is damaged, and thereby making a stop and saving the damaged person.

2. Parts not guilty;

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “When the driver of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding the damaged person,” refers to a case where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, such as aiding the injured person, although he/she knows that the injured person was killed or injured due to the accident, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed, such as aiding the injured person, even though he/she knows that the injured person was killed or injured. Therefore, the crime of escape is established, the result of his/her thought should occur to the injured person