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(영문) 제주지방법원 2018.11.28 2017고단1043
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person engaged in the duty of driving B-si.

On December 13, 2016, the Defendant driven the above vehicle at around 13:30 on December 13, 2016, and driven the front side road D in Jeju at the Jeju city with the E hotel room from the front side of the Jeju postal service.

It is a side road that is not divided into India and roadway, and both sides of the road are parked and pedestrians were walking, so the driver of the vehicle has a duty of care to safely drive the vehicle by taking into account the front and rear side of the road.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the said vehicle and got the victim to go beyond the road by going on the left side of the Victim F (55 years old) who was walking the right side of the said road in the same direction after the driving of the said vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained knee knee knee knee knee knee knee knee knee knee knee, and escaped without taking necessary measures, such as

2. Determination

A. (1) In light of the legislative intent and protection of legal interests, the part not guilty (i) of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) was enacted to protect the public interest of traffic safety and to protect the personal legal interests of the victims of traffic accidents, such as the safety of life and body of the victims of traffic accidents, in view of the fact that a sound and reasonable traffic order corresponding to the car and the traffic accident has not been established, and that the drivers who caused the traffic accidents by their negligence are likely to escape without taking measures such as aiding the victims of the accidents.

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