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(영문) 서울중앙지방법원 2013.08.28 2012고정4689
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant shall be innocent.

Reasons

1. The Defendant, at around 15:30 on June 14, 2012, driven a Dbened car, and moved the front road of 629-22, Gangnam-gu, Seoul, Gangnam-gu, Seoul, along the five-lanes of the 5-lanes of the 5-lanes of the 5-lanes of the 5-lanes of the 5-lanes of the 629-22

At all times, there is a crosswalk without signal lights, so the driver of the vehicle has a duty of care to reduce speed to those who are engaged in driving of the vehicle and to prevent the accident by properly examining whether there is a pedestrian walking the crosswalk.

Nevertheless, the Defendant neglected to do so and found the victim E (Nam and 32 years old) who was crossing the crosswalk from the right side of the crosswalk due to the negligence of bypassing it, and was immediately operated to avoid this, but did not avoid the situation, and received the part of the victim's left side bridge from the front part of the car driving by the Defendant.

Accordingly, even though the Defendant suffered approximately two weeks of medical treatment due to the above occupational negligence, he immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. The Defendant’s assertion and judgment asserted that the person driving a benging car at the time of the instant case was not himself but F.

In light of the fact that the court stated that driving of the said car at the time of this case in this court, and the victim E also stated that the driver is not the defendant but F at the time of this case, and F was convicted of having committed the crime as stated in the facts charged on July 19, 2013 (this Court Decision 2013No2605), it is insufficient to recognize that the only evidence submitted by the prosecutor alone is that the defendant committed the crime as stated in the facts charged.

3. According to the conclusion, there is no proof of crime in the instant facts charged, and Article 325 of the Criminal Procedure Act.

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