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(영문) 창원지방법원 밀양지원 2016.05.19 2015고정237
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving a motor vehicle of sod vehicle of Chumburt.

On May 4, 2015, the Defendant driven the above vehicle at around 12:30, and led the Defendant to proceed to the island village of the Mac-ro from the Doc-ro, the third party, in front of the Central church of the Samc-gu, Samc-gu, Samc-do.

There is a house without India, and the road is narrow so that the parked vehicles enjoy on the left and right side due to the Sejong-gu Eup Day at the time.

In this road condition, pedestrians are bound to walk on the road, so they have the duty of care to safely operate on the road, such as a person engaged in driving of a vehicle who is engaged in driving on the front side, and accurate operation of all devices of the vehicle.

Nevertheless, while neglecting to do so, the Defendant was proceeding in a state where the victim D(57) was coming to walk on the right side of the moving direction, and even though the Defendant was faced with the victim’s right side side side by shocking the Defendant’s driver’s car by shocking it, the Defendant immediately stopped and escaped without taking measures such as aiding and abetting the victim.

2. The phrase "when the driver of an accident runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding the damaged person" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means the case where the driver of an accident runs away from the scene before performing his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the injured person although he/she recognizes the fact that the injured person was killed or injured, resulting in a situation in which the identity of the person who caused the accident cannot be confirmed (see Supreme Court Decision 200Do2563, Jan. 5, 200); the provisions of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes correspond to the motor vehicle and the traffic accident.

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