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(영문) 대전지방법원 2012.07.20 2011고정2804
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the Defendant who is engaged in driving of C1 ton and cargo vehicles.

On September 16, 2011, the Defendant driven the cargo vehicle on his business as of September 21, 201, and driven the front road in front of the Korean restaurant located in Geumsan-gun, Geumsan-gun, Geumsan-do at a speed of about 30km from the side of the Geumsan-gu Office to the speed of 30km.

Since there are many people driving on pedestrians and bicycles in a residential area, school, and commercial area, the driver of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to safely drive the motor vehicle by properly examining the front left.

Nevertheless, the defendant neglected to do so and proceeds as it is.

The victim, who passed the bicycle prior to the same direction, did not discover the victim D (Nam, 48 years of age) and did not discover the right side of the cargo vehicle and received the victim's shoulder part on the left side of the victim and exceeded the victim on the ground.

Although the Defendant, due to the above occupational negligence, suffered from an injury to the left-hand sprinked spons, etc., which requires treatment for about six days, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

2. Although the Defendant’s assertion that he/she had shocked the victim and left the scene, the Defendant did not cause any injury to the extent that he/she needs to be treated for six days, or that he/she did not cause any injury to the victim, even if he/she suffered such injury, this does not constitute an injury to the extent that relief measures are needed.

3. Determination

A. In order to establish the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the result of death and injury should arise to the victim due to the accident, and annoyingingly, to the extent that it cannot be assessed as “injury” as stipulated in Article 257(1) of the Criminal Act, need not be treated as an immediate action.

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