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(영문) 의정부지방법원 고양지원 2018.04.12 2017고정1313
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives Branchis a passenger car.

On May 30, 2017, the Defendant was negligent in failing to find out that the victim C (V, 12 years old) went through a telephone with his/her friendship with his/her friendship without the consent of the victim, and without the consent of the victim, caused the victim to go beyond the road by taking the right body of the victim and going beyond the road by taking approximately three weeks of the right body of the victim in front of the said vehicle, and caused the victim to suffer injuries, such as brain finite, etc., without an open body room inside the head requiring medical treatment for about three weeks, even if the victim C (V, 12 years old) was negligent in failing to confirm the signal while making a telephone call with his/her friendship, and caused the victim to suffer bodily injury, etc., such as brain finite, etc., without an open body in the head.

“Alonging from the scene without taking necessary measures, such as sending a defective victim to the hospital or notifying contact details,” the victim escaped.

2. Determination

A. “A case where a driver of an accident runs away without taking a measure under Article 54(1) of the Road Traffic Act, such as aiding and abetting a victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), means a case where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54(1) of the Road Traffic Act, and brings about a situation in which it is impossible to determine who caused the accident as to who caused the accident, although he/she was aware that the victim was killed or injured.

The purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on roads. In such a case, measures to be taken by drivers should be taken in accordance with specific circumstances, such as the contents of the accident and the degree of damage.

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