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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.10.30 2014노1576
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not contribute to the relief measures of the victim; the police officer called out and sent back to the victim; the Defendant’s vehicle was covered by limited insurance to Defendant 1, and if the Defendant is denied as a driver, it is also impossible to deal with the insurance. In light of the circumstances where it was impossible to deal with the insurance, the Defendant’s act constitutes “the case where the driver is attempted” under the Act on the Aggravated Punishment, etc

2. The judgment below held that even if the police officer, who was dispatched by the defendant to the scene of a traffic accident, stated that he was the driver of the instant vehicle, and the victim's driving f was silents about the situation in which the driver was designated as the driver, the court below held that the defendant could not be deemed to have left the scene of the accident with the criminal intent of escape before performing his duty to rescue the victim, in full view of the circumstances where the defendant, immediately after the accident, stated that the victim was not absent from the scene of the accident until the victim was sent to the hospital, and the police officer dispatched clearly stated that the vehicle of this case was the victim, and the victim was the victim, and the victim was accompanied by the police officer at the scene of the accident at the scene of the accident

Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "when a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." means a situation in which it is impossible to confirm who caused the accident because he/she left the accident site before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding a victim, although the driver knew of the fact that the victim was killed or injured, such as aiding the victim, etc., by leaving the accident site before he/she performed the duty under Article 54 (1) of the Road Traffic Act

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