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(영문) 대전지방법원 천안지원 2018.07.06 2018고단214
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendants are not guilty.

Reasons

1. Determination of the facts charged against Defendant A

A. The gist of the facts charged is that the Defendant is a person engaging in driving of Crocketing taxi.

On August 26, 2017, around 22:45, the Defendant driven the two-lane way in front of the Do apartment in the Asan City, Asan City, along with one-lane from the budget room in the Asan City to the budget room.

There are three streets in which signal lights are installed and the passage of other vehicles is frequent, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to operate the steering gear and brakes accurately and safely by putting the steering gear and brakes on a clear mind while driving the motor vehicle.

However, while the Defendant was driving the said taxi in a state of drinking and drinking, the Defendant was unable to avoid the F-Aplow-pubed car of the victim E (W, 55 years old) who was parked in the front of the course, for the signal waiting at the mast, while driving the said taxi in a state of drinking and drinking, and was unable to avoid the said car at the front part of the said taxi, and was charged with the said vehicle after the driver’s flick-pick-pick-pick-pick-pick-pick-pick-pick-picking car in the front of the said taxi, and the said vehicle was pushed back in the future while driving the said taxi in the future.

Accordingly, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as finite salt, tension, etc., which requires approximately three weeks of medical treatment, but immediately stopped, and did not take necessary measures such as notifying the victim of his identity and providing relief to the victim.

B. Determination 1) 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 54(1) of the Road Traffic Act, such as aiding the injured person,” the term “when the injured person is aware of the fact that the injured person was killed or injured due to the accident, the driver shall be prior to performing his/her duties under Article 54(1) of the Road Traffic Act, such as aiding the injured person, etc.

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