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(영문) 대전지방법원 2015.10.16 2015노1044

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that the Defendant, while driving a car, caused an injury to the victims of the traffic accident by negligence while driving the car, and at the same time, escaped without taking measures such as aiding the victims by stopping the damaged vehicle immediately.

Nevertheless, the court below erred by misapprehending the legal principles and misconception of facts.

2. Determination

A. On June 18, 2014, at least 00:30, the Defendant driven a DSS5 car, and moved to the right-hand turn from Daejeon PSS-gu X-ray at a speed of about 50 km from the right-on to the right-hand third-way distance. Since there is an intersection where traffic frequent and signal is installed, a driver has a duty of care to temporarily stop before entering the right-hand and drive the road safely by using an intersection right-hand side of the intersection. However, the Defendant neglected to do so, the Defendant was at the same time at the right-hand turn from the right-hand edge to the right-hand turn-hand turn-off from the right-hand edge of the 3rd KM5 car, and the Defendant continued to receive the above part of the 3rd-out car to the left-hand turn-hand turn of the 3rd-out car from the right-hand edge of the 4rd-out car, and the Defendant continued to receive the above part of the 3rd-out car from the victim’s left-hand.