(영문) 대구지방법원 2015.12.10 2015노285 | 리걸엔진

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(영문) 대구지방법원 2015.12.10 2015노285

특정범죄가중처벌등에관한법률위반(도주차량)등

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the fact-finding) was not known to the Defendant, and there was no intention to commit an escape.

2. Determination

A. The summary of the facts charged in the instant case is a person who is engaged in driving a D friendly tank freight truck.

On March 17, 2014, the Defendant driven the above cargo vehicles around 08:10 on March 17, 2014, and moved to the right-hand side of the road, at the right-hand side of the front of the Sin-dong, from the front of the Sin-dong.

At the same time, the victim E (the 11 year old) is driving on the right side of the course, so there was a duty of care to prevent accidents in advance by safelypassing the vehicle at sufficient intervals while looking at the attitude of the driver.

Nevertheless, the defendant neglected this and caused the victim to shock the front wheel part of the cargo vehicle by the negligence of bypassing the right side of the cargo vehicle as it is, and the bicycle ped the victim's front wheel part of the cargo vehicle, and the bicycle pedle to the right side part of the cargo vehicle.

Ultimately, the Defendant, by negligence in the course of performing such duties, sustained injuries on the knee part of the knee part and the knee part of the knee part, and escaped without immediately stopping a bicycle equivalent to KRW 250,000 at the market price and without taking measures such as aiding the victim.

B. The lower court found the Defendant guilty of the facts charged by comprehensively taking account of each of the evidence in its judgment.

C. Article 50(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as aiding the victim under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, does not take measures under Article 50(1) of the Road Traffic Act, and the “when the driver of the accident runs away without taking such measures” refers to the relief of the victim even though the driver was aware of the fact that the victim was killed due to

참조조문

-도로교통법 제50조 제1항

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

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