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(영문) 대구지방법원 2015.04.23 2014노3093
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the fact-finding) was erroneous in the judgment of the court below that acquitted the defendant on the driving of an escape vehicle on the ground that the injury inflicted on the victim was extremely minor while driving a car, and did not take measures such as aiding and abetting the victim, etc., even though the victim was injured by shocking the victim.

2. Determination

A. Of the facts charged in the instant case, the Defendant, who is engaged in driving of CK5 automobiles, was running an intersection at the entrance of a citizen playground located in Ansan-si and Dong-dong around August 21, 2013 from the area of a citizen playground to the area of a guard.

In such a case, even though a person engaged in driving service has a duty of care to keep the front door and left door well and drive safely, the Defendant neglected to do so, and the Defendant got the part of the left side of the rear door of the victim D, who was in the front signal atmosphere, to the front door of the Defendant’s vehicle (hereinafter “the first accident”), and escaped without taking any measure.

At around 01:25 on the same day, the defendant continued to have a signal signaled in two-lanes from the roadside distance in the common road of Ansan-si to the cultural tourism complex.

At the time, the damaged vehicle was parked and stopped along the two lanes and three lanes adjacent to the Defendant vehicle and stopped along the rhym, and in such a case, even if the person engaged in driving service had a duty of care to properly operate the steering gear and properly operate the steering gear, the Defendant was negligent in neglecting it and thereby, received the left-hand part of the damaged vehicle as the front door of the damaged vehicle.

The above accident is referred to as ‘2.'

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