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(영문) 인천지방법원 2012.09.21 2012고정1796
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a Clearning car.

On March 13, 2012, around 16:20 on March 13, 2012, the Defendant driven the said car from the offside of the Jin apartment to the 7th-dong Sit Bank in the city bank.

Since there is a lot of traffic for people in the market, a person engaged in the driving of a motor vehicle has a duty of care to properly operate the front and rear left and right, and to prevent accidents by operating the steering and brake system accurately.

Nevertheless, the Defendant neglected to drive the vehicle while driving it at the right side of the Defendant’s course, and went away without immediately stopping the vehicle and taking measures such as providing relief to the victim, by taking the victim’s left elbows of the victim D (the 42 years old, female) who was going to the front side of the right side of the vehicle and taking the victim into consideration about two weeks of medical treatment.

2. Determination

A. Determination on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

(1) 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 50(1) of the Road Traffic Act, such as aiding a victim, etc." refers to a situation in which it is impossible for the driver of the accident to confirm who caused the accident by leaving the scene of the accident before performing his/her duty under Article 50(1) of the Road Traffic Act, such as aiding the victim, although he/she knows that the victim was killed or injured, such as aiding the victim. Therefore, in order for the crime of escape to be established, the result of his/her thought must arise to the victim, and the mere danger to life and body or the injury under Article 257(1) of the Criminal Act can not be assessed as "injury".

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