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(영문) 서울동부지방법원 2016.05.25 2015고정1960
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is dismissed.

Reasons

1. The Defendant is the driver of Drocketing private taxi.

The Defendant driven the above vehicle around 13:40 on 04. 08. 04., and proceeded with the front road of Gangdong-gu Seoul Metropolitan Government E on the side of the road along the intersection of the road from the Seo-dong bank of Seodong-do to the west bank of the road.

In such a case, the driver of a motor vehicle has a duty of care to check the safety of the rear or the rear bank in accordance with the direction of the assistant, and to safely conduct the accident, despite the duty of care to prevent the accident, the defendant neglected the duty of care, and thereby, led the victim F (M, 65 years old) who was walking behind the left side of the Madon vehicle due to the occupational negligence behind the defendant's Madon vehicle due to the negligence of negligence, and caused the victim to have a part of the back part of the vehicle, and caused the victim to have a boom the bru on the back of the vehicle.

Ultimately, even though the Defendant suffered injury, such as salt, tension, etc., to the part of the neck that is in need of the victim’s treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

2. The phrase "when the driver of the accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the damaged person" under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of the 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 injured person despite the awareness of the fact that the injured person was injured by the accident, and resulting in a situation in which the identity of the injured person cannot be confirmed, such as aiding the injured person. In light of the legislative intent and protection legal interests of the above provision, the situation and contents of the accident, the degree of the injured person's injury, the degree of negligence of the injured person, the age and gender of the injured driver and the injured person

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