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(영문) 대구지방법원 서부지원 2015.10.02 2015고정377
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a CA-to-car car.

On January 23, 2015, the Defendant driven the said car at around 07:30, and led to the front side of the Western Elementary School, which is in the main Dong-dong, Seogu, Daegu, to the white apartment from the side of the rinae-distance.

At the time of the defendant, the victim D (the age of 17) was able to walk opposite to the defendant's vehicle. In such a case, the driver of the motor vehicle had a duty of care to prevent the collision with the pedestrian by reducing the speed and sufficiently examining the situation of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle right side due to the negligence, which led to the collision between the Defendant’s car and the victim’s right side.

Ultimately, even though the Defendant was negligent in the above occupational negligence to inflict bodily injury on the part of the body of arms with the treatment date, the Defendant immediately stopped on the job and escaped without taking measures, such as aiding the victim.

2. The phrase “when a driver of an accident runs away without taking measures as provided in Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” refers to a case where the driver of an accident, despite his knowledge of the fact that the victim was killed due to an accident, leaving the scene of the accident before performing the duty as provided in Article 54(1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which the identity of the person who caused the accident cannot be confirmed.

Therefore, in order to establish the above escape driving crime, the result of thought should arise to the victim, and the simple danger to life and body is limited or the Criminal Code Article 257 (1) is stipulated.

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