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(영문) 서울동부지방법원 2012.10.31 2012고단1978
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged and the assertion of the defendant and his defense counsel

A. The Defendant is a person engaging in driving of CPoter trucks.

At around 17:50 on July 23, 2010, the Defendant moved back from the side of the Mamadi Hospital to the Mamadi Middle School, a 170-lane 85, as Gangdong-gu, Gangdong-gu, Seoul.

In such cases, the driver has a duty of care to check whether there is a person and to safely drive the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and instead did not discover the victim D (A, 15 years of age) who was following the above cargo vehicle, and did not discover the victim D (A, 15 years of age) and received the part of the victim's left-hand knee and the left-hand blue part of the driver's vehicle, following the Defendant's loading to the right-hand side.

Ultimately, the Defendant left the victim's 10-day treatment due to the above occupational negligence without taking necessary measures, such as aiding the victim by immediately stopping the victim, even though he/she suffered from the left-hand slot box, etc.

B. As to the above facts charged, the Defendant and the defense counsel knew the fact that he had shocked the victim of the cargo lane that he had driven, and the victim was demanded to accompany the victim to the hospital or the pharmacy, but the victim was deemed not to be the number at the time, and thus, the patient refused hospital treatment. As such, the Defendant and the defense counsel went back to the “E Real Estate” located at approximately 3 and 4 meters from the place of the accident stated in the facts charged before driving the cargo vehicle, and thus, denied the charges that the Defendant did not have any intention to escape.

2. Determination

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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