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(영문) 서울남부지방법원 2015.09.08 2015고단1222
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaged in driving Crocketing and passenger cars.

On January 4, 2015, at around 18:33, the Defendant had the front side road of Geumcheon-gu Seoul Metropolitan Government D progress from the home flussspons to the spons box.

Since the width of the road is narrow, and the house is adjacent to the house, the person engaged in driving service has a duty of care to safely operate the brake system by accurately operating the front and rear left, and the person engaged in driving service has a duty of care.

Nevertheless, the Defendant neglected to do so and did not look at the front and rear left, and took part of the victim E (the 71-year old) who was set up on the road by negligence, and caused the victim who was set up on the side by the Defendant to be shocked by the said shock.

Ultimately, even if the Defendant suffered from an injury, such as a part of the right part and an open space, which requires treatment for about eight weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. The Defendant and his defense counsel asserted that, at the time of his assertion, the Defendant was not guilty because the victim who was next to the Defendant knew that his vehicle was faced with Libya while on the way.

3. According to the evidence duly examined by this court, it is recognized that the victim E, who opened a gynas house on the side of the gynasium, was faced with the above injury by the victim E, who opened the gynas house on the side of the gynas, where the defendant driven a car as stated in the facts charged, and gynas were placed on the side of the gynas.

However, Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes does not take measures under Article 54 (1) of the Road Traffic Act, such as aiding victims.

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