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(영문) 서울북부지방법원 2018.10.25 2018고단3176
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (not after-accident) is not guilty.

Reasons

1. The Defendant is a person who is engaged in driving of the B-A-Wood passenger vehicle.

On February 23, 2018, the Defendant driven the above car at around 10:40, and proceeded at the point of 160 km in Busan located in the Republic of Korea in the territory of the Sinbuk-gun, the Gyeongnam-gun, the Gyeongbuk-gun, the Gyeongbuk-do, and at the point of 160 km in Busan, the two-lanes of the west-do 4-lane in Seoul, the direction toward the Busan Myeonk-do in Seoul.

However, since there are many vehicles driving on an expressway at a rapid speed, it is necessary to safely drive the expressway along the lane, and if it is intended to change the lane, there was a duty of care to operate the direction in advance and safely change the lane and prevent the accident with other vehicles and accidents.

Nevertheless, the defendant did not find the victim C (Woo, 63 years old) driver's d's d', which was followed by the three-lanes in the driving direction, and did not turn on the direction, etc., and changed the Gap's h's h's h's h'e from the two-lanes to the three-lanes, and caused the victim C to play the h's h'e h's h'e-h's h'e-h'e-h's h'e-h's h'e-h's h'e-h's h'e-h's h'e-h's h's h'e-h's h'

As a result, the Defendant suffered from the victim C’s negligence in the above occupational negligence a approximately two weeks of medical treatment, and at the same time, destroyed the victim C-owned car with a 4.33 million won at the market price owned by the victim C and escaped without taking necessary measures, even though the Defendant destroyed the diver vehicle owned by the victim C and destroyed the diver vehicle with a repair cost equivalent to 466,490 won.

2. The non-guilty part

A. The Defendant’s assertion continued driving along the second tea line, and locked the third tea line, but continued driving without recognizing the fact of the accident.

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