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(영문) 서울중앙지방법원 2013.07.04 2013노1582
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the summary of the grounds for appeal (the factual errors and misapprehension of legal principles), the circumstances after the accident occurred, the injury of the victims, and the progress of treatment, etc., the defendant may be acknowledged as having left the scene without fulfilling his duty to take relief measures against the victims, on the ground that the defendant is likely to be exposed to a drunk driving event. However, the court below acquitted the victims of the facts charged of this case, which erred by misapprehending the facts or by misapprehending the legal principles

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the instant facts charged was around 07:25 on May 31, 2012, the Defendant driving a COuss car and proceeded around 30 km in the direction of the distribution bridge in the direction of the Gangnam-gu Hospital depending on the two-lanes of the distribution height road in Seocho-gu Seoul, 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 while driving the vehicle, thereby being able to receive the rear part of the Eststita taxi in the same lane as the front part of the said vehicle, and due to the shock, the Defendant had the front part of the said cab, which is the victim F (F, South, 52 years old), the front part of the said cab.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim H (V, 56 years old), who is the back seat of the said rocketing taxi, for approximately two weeks of medical treatment, and the injury to the Karen car driver F, which requires approximately three weeks of medical treatment, and the victims of the said Karen car.

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