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(영문) 서울중앙지방법원 2013.05.02 2012고정6026
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is dismissed.

Reasons

1. On May 31, 2012, at around 07:25, the Defendant driven a COplos car and proceeded around 30 km in the direction of the Gangwon-gu Seoul Metropolitan Government Hospital, depending on the two-lanes of the distribution street in Seocho-gu, Seoul.

At that time, there was a duty of care to prevent accidents in advance by properly operating the brakes and steering the steering gear and steering the steering gear in a safe way in the direction of the driving of the motor vehicle.

Nevertheless, the Defendant neglected to drive his vehicle on the same lane due to his negligence, and received the backer part of the Eststyna-si of the D having driven the same lane as the fronter part of the D having driven the same lane, and due to his shock, the Defendant got the front part of the F (F, South, 52 years old) driving, which is the preceding vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim H (V, 56 years old), who is the back seat of the said rocketing taxi, due to approximately two weeks of medical treatment, and suffered injury to crypitis, etc., which requires approximately three weeks of medical treatment, and escaped without taking necessary measures, such as aiding victims.

2. The non-guilty portion - The term "when a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes means a person who left the scene of an accident before fulfilling the duty provided for in Article 54 (1) of the Road Traffic Act, such as aiding a victim, although the driver of an accident knows that the victim was killed due to an accident, and caused the accident.

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