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(영문) 대구지방법원 2014.12.11 2014노1240
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the Reasons for Appeal is that the accident in this case did not have suffered injury to the extent that the victim needs relief due to minor accidents that contacted the front wheel part of the taxi and the part that caused damage to the taxi, and the victim did not have suffered injury to the extent that it is necessary for the victim to take relief measures. The accident in this case did not fall off on the road or did not cause any traffic danger, and the defendant did not have any intention to escape.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. The Defendant is a person engaging in driving a private taxi in CK5 vehicles.

On September 16, 2013, the Defendant driven the above vehicle at around 00:30, and driven the front road of the members of the E branch in Daegu-gu D along three-lanes from the southwest-gu Market and the southwest-gu.

At the time, the victim F (the age of 63) was driven by the victim F (the age of 63) who was driven in the same direction, and the driver was followed by the corporation taxi of the G K5 car, and therefore, the driver had a duty of care to ensure the safe distance that would be avoided when the vehicle stops.

Nevertheless, the defendant's negligence is driving ahead of the same mail lane due to the negligence of driving too close.

The part on the left side of the damaged vehicle, which stops in order to load passengers, was placed with the front right side of the Defendant's vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as light fat, etc. requiring medical treatment for about two weeks, and at the same time, the repair cost of approximately KRW 501,426, was destroyed to the extent that the said taxi was damaged, and escaped without taking necessary measures, such as aiding and abetting the victim.

B. The driver of an escape vehicle under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes is determined.

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