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(영문) 울산지방법원 2019.02.20 2018고단2194
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Of the facts charged in the instant case, it is not guilty of violating the Road Traffic Act due to the failure to take measures after destroying property.

Reasons

【Non-Offense Division】

1. Around 18:55 on March 30, 2018, the Defendant changed the lane to two-lanes depending on the two-lanes of the Ulsan Highway (Ulsan-gun) located in Ulsan-gun, Ulsan-gun, by driving a B SPP car, from March 30, 2018, the Defendant: (a) changed the lane from the two-lanes to the Ulsan-gun located on the side of the Glsan-gun; (b) while driving the 0.6km road from the Glsan-gun, the Defendant did not check the two-lanes of the DP-W car driven by the victim C (nive, 23 years of age) but without verifying the two-lanes while driving the said sP car; (c) at the same time, the Defendant was rapidly able to avoid the above sP car; (d) the victim’s 2-day treatment and the number of days of the kneeng-gun and the 2-day treatment of the victim, e.g., the victim’s e.

2. Determination

A. “A case where a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) refers to 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, such as aiding the victim, although he/she knows that the victim was killed due to an accident, resulting in a situation in which it is impossible

In addition, there is a relation between the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the commercial concurrence.

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