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(영문) 대전지방법원 2019.02.19 2018고정1173
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is a person who is engaged in driving a vehicle B-to-purd.

On July 4, 2018, the Defendant driven the above vehicle at around 07:30, while proceeding the four-distance intersection in front of the D cafeteria located in Daejeon Jung-gu, Daejeon, in the direction from the E apartment to F.

At this point, it is a four-distance intersection where no signal is installed, and the road that the defendant proceeded before entering the intersection is not divided into two lanes, and the vehicle is parked on the left and right side of the road, so in such a case, the driver of the motor vehicle has a duty of care to check the traffic situation of the front and right side of the intersection by driving or temporarily stopping in front of the intersection, and to prevent accidents in advance by entering the intersection.

Nevertheless, due to the negligence that the Defendant neglected to enter the intersection, the victim G (64 years of age) who was entering the intersection by driving an electrical bicycle on the right side from the left side of the direction of the defendant's running, along with a one-lane road on the right side, went beyond the center and go beyond the road by driving an rapid operation of the brake and a Hand-on hand in order to avoid a collision with the driver's vehicle.

Ultimately, even though the Defendant suffered injury, such as “the 7,8,9 cages at 9 cages on the left side,” which requires approximately six weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding and abetting the victim.

"A driver of the vehicle who commits a crime under Article 268 of the Criminal Act due to the transportation of the vehicle" in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is not included in the driver of the accident who caused the death or injury of a person due to occupational or gross negligence caused by the transportation of the vehicle, not by negligence (see, e.g., Supreme Court Decision 91Do711, May 28, 1991).

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