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(영문) 광주지방법원 2018.11.08 2018노651
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was stopping a vehicle to make a right-hand at the front bank intersection of this case. However, the Defendant was not negligent in the occurrence of the instant accident, since the victim F gets a bicycle and got a bicycle on his own.

B. After the occurrence of an accident, the Defendant told the victim and the mother of the victim to leave the hospital, but he/she became unable to leave the hospital, and the Defendant started to close the office.

The term "mars" and "nicks" had already been left at the site and could not be returned again.

Therefore, the defendant did not have the intention of escape.

2. Determination

A. When comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to whether the Defendant was negligent, as stated in the lower judgment at the time of the instant case, who was engaged in driving of cargo vehicles, caused the instant accident, thereby causing injury to the victim, and at the same time damaged the bicycle.

Recognized.

This part of the defendant's assertion is without merit.

① The victim consistently takes a bicycle at the time of the instant case from the investigative agency to the court of the court below, and statements from the investigative agency to the purport that the Defendant was faced with cargo vehicles and vehicles driven by the Defendant.

② According to CCTV images, the J, a bicycle riding ahead of the victim at the time, her own stop, and the Defendant’s vehicle was confirmed immediately after her stop. At the time of telephone conversations with the police, J stated that the situation at the time of telephone conversations with the police, the bicycle and the vehicle were in transit, and that the vehicle was in transit.

As such, the circumstances at the time of the accident confirmed by the above video and the J’s statement conform to the victim’s statement.

(3) The defendant shall safely pass the bank intersection.

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