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(영문) 대구지방법원 김천지원 2016.02.16 2015고합74
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Of the facts charged in the instant case, it is not guilty of violating the Road Traffic Act (the measures not taken after the accident). Of the facts charged in the instant case.

Reasons

1. The Defendant is a person engaging in driving a vehicle EM7 vehicle.

On October 12, 2014, the Defendant changed the lane from 15:20 to 3-lanes while driving along the two lanes from 68.2 km-si, Hongcheon-si, Incheon at the speed point of 68.2 km-si, Hongcheon-si, Seoul, Macheon-si, Incheon. The Defendant changed the lane from 15:20 to 3-lanes.

Since there is an expressway and a lot of vehicle traffic, there was a duty of care to safely change the vehicle line by looking at the right and the right of the front and rear of the vehicle driver.

Nevertheless, the Defendant neglected this and caused the Victim G (50) who was in the process of driving the F-Apurged vehicle in the front side of the Defendant’s vehicle due to the negligence of changing the vehicle, and had the victim G (50) (50) who was in the process of driving the vehicle into the right side in order to avoid the collision with the Defendant, and lost the center, and became the center in front of the said Apurged vehicle, and continued to shock the front part of the said Apurged vehicle in the first highest drive of the victim H (48 years old) where the part of the vehicle of the said Apurged vehicle was in the process of driving one lane.

Defendant at the same time, the victim G was injured by an occupational negligence in the above-mentioned 10 week treatment, and the victim G was damaged by the above-mentioned Aburged vehicle so that the repair cost would come into scrapping, thereby causing the scrapping of the vehicle by destroying the above-mentioned Aburged vehicle, and the above hurged vehicle was damaged by KRW 945,505, and the repair cost of the above hurged vehicle was destroyed by 945,505, and escaped without immediately stopping and taking necessary measures.

2. The gist of the defendant's and his defense counsel's assertion was to make a traffic accident due to negligence of failing to perform his duty of care, but it was only to continuously drive the vehicle without recognizing the occurrence of the traffic accident due to his own negligence. Therefore, there was no intention to flee without taking relief measures.

3. Determination

A. 1) An indictment is instituted in a criminal trial.

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