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(영문) 울산지방법원 2016.02.04 2015고단2563
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

Reasons

1. The Defendant is a person engaging in driving a Crane car.

On July 31, 2015, the Defendant driven the above car at around 06:51, and led to the right-hand of three-lanes between three-lanes from the parallel parallel parallel to the parallel parallel from the parallel parallel. The Defendant driven the above car to the parallel parallel of three-lanes.

Since there is a three-distance intersection, the defendant, who intends to enter the intersection bypassing, had a duty of care to prevent accidents by entering the intersection in advance, if there is no vehicle due to the fact that there is a vehicle going through the intersection and the left and right of the road.

Nevertheless, the Defendant neglected this and entered the intersection without examining 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 part of the victim D(34 ) driving, which is going to 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 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

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and, at the same time, escaped without taking necessary measures such as aiding and abetting the damaged party, even though the repair cost of KRW 409,935, such as the exchange of the preceding panions, was destroyed to the extent that the said strawing car was destroyed to the degree of 409,935

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that “In the event an accident driver runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person” means a situation in which it is impossible to determine who caused the accident by leaving the scene of the accident before fulfilling the duty under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person despite the driver’s awareness of the fact that the injured person was killed or injured.

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