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(영문) 서울남부지방법원 2016.07.19 2015고정2575
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant charges is C that is a person engaging in driving a car.

On September 25, 2015, the Defendant driven the above car at around 13:06, and led the front side road of Geumcheon-gu Seoul, Geumcheon-gu, to the direction of Germany from the surface of the city to the direction of Germany.

The place is a side road where pedestrians have a lot of traffic, and at the same time there are many people who are in danger of fraud, so in such a case, there was a duty of care to reduce speed and drive safely by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and neglected to stop so and received a set between the right side of the passenger car driven by the Defendant and the victim E(20) on the road for the purpose of fraud.

Ultimately, even though the Defendant suffered from an injury such as salt, tension, etc. in need of two weeks’ medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person.

2. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "When the driver of an accident runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding the injured person, etc." means the case where the driver of an accident runs away from the scene before performing his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the injured person although he/she knows that the injured person was killed or injured by the private road, and brings about a situation in which the identity of the person who caused the accident cannot be confirmed (see, e.g., Supreme Court Decision 200Do2563, Jan. 5, 201); Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes does not establish a sound and reasonable traffic order corresponding to the motor vehicle and the traffic accident certificate.

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