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(영문) 대전지방법원 천안지원 2016.06.02 2015고정1157
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who is engaged in driving Cone Star Co., Ltd.

On September 12:50, 2015, the Defendant driven the above vans, and led the front of the E cafeterias in Y-gu, Seoan-gu, Seoan-si along three lanes from this Mat to the right side of the parallel.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance, such as taking the front door and left door well, complying with signals, etc.

Nevertheless, even though the defendant found the G SP car driven by the G SP car driving 67 years in the same direction as the victim F (W, 67 years old) due to the negligence of neglecting it and driving in the same direction, the defendant did not take measures such as avoiding it, and received a full right side of the victim's car on the left side of the passenger car.

Ultimately, the Defendant, by occupational negligence as above, sustained injury to the victim F, such as salt, tensions, etc. in need of a three-day medical treatment, and at the same time, did not immediately stop the vehicle owned by the victim, and failed to take necessary measures, such as providing relief to the victim, even though the repair cost of the vehicle was damaged by the victim’s considerable amount of KRW 1,720,851.

2. The Defendant, at the time of the occurrence of a traffic accident, denies the charges by asserting that he/she was driving a vehicle by H, and that the Defendant did not have driven a vehicle, and that the occurrence of a traffic accident is not recognized by the Defendant’

Therefore, in full view of the following circumstances, the evidence submitted by the prosecutor alone is a traffic accident, as to whether the Defendant was a driver under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148 and 54(1) of the Road Traffic Act, and the Defendant was driving Cone Starex at the time of the traffic accident.

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