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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2013.05.23 2012노3675
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal discussed the issue of victim D and accident handling that the defendant left the vehicle immediately after the accident, moved the vehicle to the outside of the roadway and parked the vehicle to D, and then left the scene of the accident after entering the vehicle number.

The defendant did not have the criminal intent of escape, and took measures to prevent and eliminate any danger and obstacle to traffic.

The lower court found the Defendant guilty of each of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.

[The defense counsel of the defendant did not need relief measures since the defendant's defense counsel did not submit the appellate brief after the deadline for filing the appellate brief.

The grounds of appeal are examined to the extent of supplement in case of a statement of grounds of appeal). 2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) provides that “When an accident driver runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting a victim, etc.” refers to a case where the accident driver does not take measures under Article 54(1) of the Road Traffic Act despite the awareness of the fact that the victim was injured due to an accident and brings about a situation in which the identity of the person who caused the accident can not be confirmed by leaving the accident place (see Supreme Court Decision 2005Do3605, Jan. 27, 2006). In light of the legislative intent and legal interest of the above provision on the Aggravated Punishment, etc. of a fugitive driver, whether an accident driver actually needs to take measures such as aiding and abetting a victim shall be determined by comprehensively taking into account the details and contents of the accident, the victim’s age, degree and degree of the injury, the circumstances after the accident, etc., giving the victim an emergency relief responsibility.

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