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(영문) 대전지방법원 2013.04.10 2012노2086
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal acknowledged that the defendant had escaped without taking measures such as aiding and abetting the victims by causing the instant traffic accident and causing injury to the victims. The court below sustained injury to the extent that the victims need to take relief measures.

On the ground that the instant traffic accident cannot be deemed to have caused a danger or obstacle to road traffic, the court rendered a not-guilty verdict on the facts charged in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act. The court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Summary of the facts charged and the judgment of the court below

A. The gist of the facts charged is that the Defendant is a person engaging in driving a car with CKaman.

On March 3, 2012, at around 23:30, the Defendant proceeded at a speed that would not be known from the two-stop-gu bank of Western-dong 544-1, Seo-gu, Seo-gu, Seocheon-gu to the boundary of Nowon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected to do so and tried to reach the right side of the EM car driven by the victim D (W, 23 years old) who was driving on the road in which the car was driven by the negligence of the defendant.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim D, such as brain-dead sugar that requires treatment for about two weeks, and brain-dead sugar that requires treatment for about two weeks to the victim F, who is the passenger of the damaged vehicle, respectively, and escaped without immediately stopping the damaged vehicle to take necessary measures, such as providing rescue to the victim, even though it damages the damaged vehicle to the extent that its repair cost would be 762,140 won.

B. The lower court determined as follows: (a) the instant case.

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