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(영문) 대전지방법원 천안지원 2012.08.09 2012고정209
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution of this case is dismissed.

Reasons

The defendant of the factory laboratory is a person who is engaged in driving a car in C SP area.

On December 22, 2011, the Defendant, at the 23:20th of December, 201, sent a signal atmosphere at the two-lane of the three-lane distance prior to SamsungSDI Tridong located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and erroneously operated the operation system, and received the front part of the E-to-burged vehicle, where the victim D (ma, 33 years old), who was in the order of signal from the rear side of the car in the given SPP area, was driving, as the rear part of the said SPP vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim D, such as light oil in need of approximately three weeks’ medical treatment, and suffered injury to the victim FF (33 years of age) who is a passenger of the said A-Wurt-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-W

Maz.

1. Determination on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) are established when a person is aware of the fact causing the death or injury and runs away. This includes not only conclusive intention but also dolusence intention.

As a subjective element of the constituent elements of crime, dolusent intention refers to the case where the possibility of occurrence of crime is expressed as uncertain and it is acceptable, and it is also aware of the possibility of occurrence of crime in order to have dolusent intention.

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