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(영문) 서울북부지방법원 2019.11.22 2019노1519
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is as follows: (a) the victim was suffering from snow during the time of the accident; (b) the defendant was also trying to contact the victim and take insurance measures; (c) the victim continued to receive medical treatment for about 20 days after the date of the accident after the accident, which had been diagnosed as necessary for medical treatment for about 20 days at the hospital; (d) it is difficult to conclude that the victim contributed to the injury based on the power that he received for 2 years prior to the accident; (e) the victim should not leave the scene, and (e) the defendant left the scene, even though the victim said that he was “the head of the fire and reported,” and there is a circumstance that the defendant was suspected of driving a drunk, and therefore, it constitutes escape without taking relief measures.

2. Determination on the grounds for appeal

A. The Defendant, at around 16:10 on May 24, 2018, driven a Grandland Bridge, and proceeded at about 20 km as soon as possible, in order to avoid a bus moving from the left side of the bus exclusive lane to a single lane while driving along a three-lane road (excluding bus exclusive lanes) along the upper string of the road in the middle west-gu Seoul Metropolitan Government along the road from the right side of the intersection.

Since the location is a road with heavy traffic of vehicles, there was a duty of care to make a safe change of the vehicle in front and rear left, secure a safe distance with the front and rear vehicle, and prevent accidents in advance by driving the vehicle.

Nevertheless, the Defendant neglected this and changed the lanes from the three-lanes to the two-lanes in the above roads, which are the two-lanes of the Defendant’s running, and due to the negligence of driving a vehicle in close vicinity without keeping a sufficient safety distance between the victim D, who is driving in front of the Defendant.

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