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(영문) 제주지방법원 2018.01.24 2017고단535
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaging in driving CKaren car.

On February 17, 2017, the Defendant driven the above-mentioned vehicle at around 15:00, and led the front of the house D at Seopopoposi, to F from the direction of E elementary school, and proceeded.

In this case, the driver of a motor vehicle has a duty of care to reduce the speed and to properly control the steering gear, brakes and other devices of the motor vehicle, to accurately operate the steering gear, brakes and other devices, and to safely drive the motor vehicle in a safe manner in the situation of traffic on the front side in order to prevent the accident in advance.

Nevertheless, the Defendant neglected his/her duty to stop and absconded without taking necessary measures, such as providing relief to the injured party, even though he/she sustained an injury to the right side of the injured party G (n, 13 years old), which was protruding to the right side of the above road (n, 13 years old) from the right side of the above vehicle, and went away without taking necessary measures, such as providing relief to the injured party, even though he/she sustained an injury, such as cutting off of the five strokes, which require approximately three weeks of medical treatment.

2. Determination

A. (1) In light of the legislative purport and protection of legal interests, the provisions of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) were enacted to protect the public interest of traffic safety by aggravated punishment, as well as to protect the personal legal interests of the victims of traffic accidents, by taking into account that the drivers who have caused traffic accidents by their own negligence failed to take measures such as aiding the victims of the said accidents in light of the reality where sound and reasonable traffic order corresponding to the car and the traffic accident have not been established, and that the drivers who have caused the traffic accidents are likely to escape without taking any measures such as aiding the victims of the said accidents, etc., and that they were enacted to protect the public interest of traffic safety and personal interests of the victims

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