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(영문) 서울북부지방법원 2012.11.28 2012고정2941
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant is innocent.

Reasons

1. On August 27, 2012, the Defendant, as a driver of Cpote car, driven the said vehicle on the street in front of 311-42, Jung-gu, Seoul, Jungdong, and proceeded at a speed of about 30 km a speed of about 30 km per hour by using one-lane of the two-lanes in the direction of the transition intersection from the mid-gu, Jung-gu, Seoul. In addition, the Defendant driven the said vehicle on the street in front of 311-42.

Although the driver of a vehicle has a duty of care to accurately operate the steering direction and brakes, he neglected to do so, and the defendant found the victim D (year 71) who crosses the road to the right side from the left side of the running direction of the vehicle due to the negligence of driving the vehicle by neglecting it, and caused the victim's right side in front of the left side of the defendant's vehicle.

Although the Defendant suffered from a safinial safinial safinial safinite, the Defendant immediately stopped and escaped without taking necessary measures, despite the victim’s occurrence of approximately two weeks of treatment.

2. Examining the judgment on the actual condition of a traffic accident (section 6 of the investigation record) and the police statement by pedestrians D (section 10-16 of the investigation record), it cannot be deemed that ① crossing a main road by disregarding the red signal of the crosswalks, caused shock accidents while crossinging the main road, and ② the Defendant had special circumstances that could have anticipated the occurrence of accidents while driving the road.

Therefore, it is difficult to recognize Defendant’s breach of duty of care.

(1) In light of the above legal principles, the court below’s decision is justifiable, and it is so decided as per Disposition by the assent of all participating Justices on Nov. 12, 2009. In so doing, it is so decided as per Disposition by the assent of all participating Justices on Nov. 12, 2009.

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