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(영문) 서울서부지방법원 2018.04.26 2017고단3569
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution of this case on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is dismissed.

Reasons

1. The Defendant is a person driving B K7 cars.

On July 27, 2017, the Defendant driving the above vehicle around 22:30, and driving the three-lane road in front of Mapo-gu Seoul Metropolitan Government C along the three-lanes of the road, which led to the right bypassing the road into the erode of the erode, while driving the road at a erode press organization from the atmosphere of public morals to the erode of the air.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by taking the front side and the left side well.

Nevertheless, the Defendant neglected this and received the front part of the Frane car driving by the victim E (53 tax) who had entered the part of the right side of the said K7 vehicle and was under normal right-hand due to the negligence of entering the part of the right-hand road after the passage of the right-hand road.

The Defendant, by such occupational negligence, committed an injury to salt, tension, etc. that requires approximately two weeks of treatment to the victim, and escaped without immediately stopping and taking measures such as providing relief to the victim.

2. The summary of the Defendant’s and the defense counsel’s assertion did not recognize the instant accident, and there was no criminal intent to escape.

3. Determination

A. The facts of recognition are as follows: (a) each statement of the Defendant’s partial legal statement, witness E, G’s each legal statement, each statement of the police statement of the E and G, each statement of investigation report (traffic accident investigation) on July 28, 2017, each statement of the police call message of the Defendant submitted on July 28, 2017, the message of the police station, the H store I record and the J guide; (b) video CDs in which the police, immediately after the Defendant’s accident, opened the Defendant’s vehicle and confirmed the black stuff; and (c) video images of the black booms in the event of the accident.

① On July 27, 2017, around 21:00, the Defendant’s female-friendly G sent the Defendant a message requesting the Defendant to talk with his/her will.

(2) The defendant shall ranked 21:50 on the same day.

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