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(영문) 서울중앙지방법원 2019.02.13 2018고정1568
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person engaging in driving bus B.

On May 1, 2018, the Defendant driven the above bus at around 14:30, and entered the four-lane road in front of the corporate bank in the middle-gu Seoul Special Metropolitan City, by making a left turn from the tunnel No. 1 to the west-gu, and changed the course into the two-lane, the Defendant had a duty of care to change the course by operating the direction, etc., giving the direction, etc. to the person engaged in driving service, giving the notice of the change of course, and considering the traffic conditions of the front and rear left-hand.

Nevertheless, when the defendant neglected this and changed the course into a two-lane as it was, the defendant tried to stop immediately and stop the vehicle, without taking necessary measures, even though the Doldra Dol Dold Dold Dold Dold Dold Dold, which is driven by the victim C (hereinafter referred to as "the 44 years old") who stops at the right-hand side of the vehicle, takes a side of the bus left-hand side of the defendant's bus, and caused about KRW 1,800,040 of the repair cost.

2. Determination

A. The crime of violating Article 54(1) of the Road Traffic Act, which is punished under Article 148 of the Road Traffic Act, is an intentional crime that requires recognition of the existence of human thoughts and damage to things.

(See Supreme Court Decision 2017Do9689 Decided September 7, 2017). B.

In this case, it is examined whether the defendant was aware that the victim's car was damaged at the time of escape.

In light of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

① The Defendant consistently stated from an investigative agency to this court that the Defendant was unaware of the contact accident at the time.

② The left-hand side of the Defendant bus and the part at the right-hand side of the victim vehicle shall be left-hand.

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