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(영문) 인천지방법원 2012.11.15 2012고정2915
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who serves as a driver of a passenger vehicle Ci30 vehicle.

On 21, 2012. 21:30 on 21, 2012, the Defendant runs at the speed of about 20 km in the speed of about 10 km-do, Bupyeong-gu, Incheon Metropolitan City, according to the side road from the side of the frighttory park to the side of the middle-dong park from the side of the fright to the middle-dong park.

Accessed to the intersection without signal lights.

At the time, there was a night and non-working, so there was a duty of care to reduce the speed prior to the entry into the intersection and to prevent the accident in advance by driving safely by taking into account the situation where there was a vehicle entering the intersection.

Nevertheless, when the Defendant neglected to do so and proceeds immediately from the negligence, the Defendant came from the right side of the vehicle running on the right side of the Defendant in the course to the left side of the road and was driving the victim D(29 years old) to the front part of the vehicle driving in front of the car volume.

Ultimately, due to the above occupational negligence, the Defendant suffered from the injury of salt units requiring a medical treatment for about four days to the driver of the victimized vehicle, and the injury of salt units requiring medical treatment for about four days to the F (29 years of age, female) who is the passenger of the victimized vehicle, and escaped without taking any measures despite being taken necessary measures as a driver, such as aiding the victim.

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes at the relevant legal doctrine provides that “When a driver of an accident runs away without taking measures as provided by Article 54(1) of the Road Traffic Act, such as aiding a victim,” the case where the driver of an accident runs away from the scene of the accident before he/she performs his/her duty as provided by Article 54(1) of the Road Traffic Act, such as aiding a victim, although he/she was aware of the fact that the victim was killed

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