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(영문) 전주지방법원 군산지원 2018.01.17 2017고정241
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who is engaged in driving of CAWn-lurged vehicle.

On December 16, 2016, the Defendant driven the above car at a time on December 13:44, 2016, and operated the car at a speed of about 30 km (excluding the left-hand exclusive road) at the speed of 260 kilometers from the west border road along a two-lane road of the new distance of the city of Gunsan, which is located at the Si of Gunsan.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear, brake system, etc. of the motor vehicle and pedestrians in the vicinity according to the movement of the motor vehicle and pedestrians who are driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as is without examining the front, and found the victim D (15 years old) crossing the road on the left side from the direction of the running of the lurd vehicle operated by the Defendant to the left side, and operated it rapidly. However, the Defendant did not avoid it and did not get out of the victim's left side due to the victim's shock and fences, and did so far from the road.

Ultimately, even though the Defendant suffered from an injury, such as the left-hand slots and alleys, etc. in need of medical treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the injured party.

Maz.

1. The portion not guilty - The violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (main sentence)

A. The phrase “when an accident driver runs away without taking measures under Article 50(1) of the Road Traffic Act, such as aiding the injured person” as provided by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, although the driver was aware of the fact that the injured person was killed due to the accident.

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