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(영문) 대전지방법원 홍성지원 2016.11.10 2015고정334
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who is engaged in driving C objection-math cargo vehicles.

At around 11:50 on August 14, 2015, the Defendant driven the above cargo and proceeded about 50 meters from the direction of the new principle to the Asan City, at approximately 50 meters from the direction of the Sinsan-si budget-Eup, Chungcheongnam-do.

In such cases, a driver of a motor vehicle has the duty of care to thoroughly maintain the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to accurately operate the steering system of the motor vehicle, and to safely drive the motor vehicle according to road traffic conditions and the structure and performance

Nevertheless, the defendant neglected this and got out of the road to the side, and the part of the head of the victim D (I, 65 years old) who was walking along the side in the same direction as the side of the road in the same direction was left to the front side of the cargo vehicle operated by the defendant.

As a result, even though the Defendant suffered from a two-time medical care for the victim due to the above occupational negligence, he immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is that the prosecutor bears the burden of proof, and the conviction should be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. The phrase “when a person runs away without taking measures pursuant to the provisions of Article 54(1) of the Road Traffic Act, such as aiding a victim,” and the phrase “an accident.”

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