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(영문) 서울북부지방법원 2016.04.21 2015고단3055
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecution of this case is dismissed.

Reasons

1. On March 3, 2015, the Defendant, at around 21:35, 2015, driven a D-to-picked car, and sent a signal at the front of the Dowing Station in Dobong-gu Seoul, Dobong-gu, Seoul, without putting the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the right on the back of the passenger car of the victim E (44 years old) who was stopped later.

The Defendant, by these negligence, caused the victim E to inflict bodily injury, such as scopical salt in need of approximately 2 weeks of medical treatment, and the victim G (55 years of age) who was on the taxi to inflict bodily injury, such as salt scopies, etc. in need of medical treatment for about 2 weeks, and caused the victim H to suffer bodily injury, such as salt scopies, etc. in need of medical treatment for about 2 weeks. At the same time, the Defendant destroyed the 344,618 cost of repairing scopers, etc. of the taxi owned by the victim New Mine Transport Co., Ltd., and escaped without taking necessary measures, such as providing relief to the injured.

2. Determination as to whether the Defendant was aware of an accident (less part) and the defense counsel, the Defendant and the defense counsel, and the Defendant had been unaware of the shocking fact of a taxi that had been behind the vehicle.

was unable to recognize the shockion.

The argument is asserted.

As shown in the facts charged, the defendant's vehicle behind the vehicle and driving by E with the rear part of the defendant's vehicle can be recognized by the witness H, G (the statement in the second trial record, each of the two trials records, H and G, a taxi passenger, and E (the statement in the third trial record, and the taxi driver).

However, in order to establish a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unclaimed Measures after Accidents), the awareness of the traffic accident should be premised, and the certification of the perception of the accident should be proven to the extent that there is no reasonable doubt.

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