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(영문) 인천지방법원 2017.08.25 2016고정3470
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 KS5 taxi.

On September 28, 2016, the Defendant driven the above taxi on September 11, 2011:08, between the road front of the Nam-gu Incheon Metropolitan City 4 Dong-gu 1316-6 dong-gu 4 Dong-gu 1316-6 dong-gu, and, in order to lower the victim F (V, 73 years of age) who was boarding the above taxi, the Defendant stopped the above taxi.

At the time, the victim was opening a front door at that place, and thus, there was a duty of care to prevent the accident in advance by taking necessary measures such as accurately opening the door while driving the vehicle.

Nevertheless, the Defendant neglected to do so and did not confirm whether the injured person was getting off and closed, and did not start the door while the injured person was opening and getting off, and the Defendant shocked the right edge of the victim who was getting out of the said taxi with the wheels behind the right edge of the said taxi.

As a result, the Defendant suffered injury to the victim’s unsatisfyed right satisfy in the number of days of treatment due to occupational negligence as above, but did not take measures such as cutting the false cell phone number to the victim and providing relief to the victim.

2. The defendant and his defense counsel did not have any injury to the extent necessary to rescue the victim, and the defendant had no intention to escape.

3. To examine whether there was an injury to the victim, and to consider the following circumstances, evidence submitted by the prosecutor alone that the victim suffered an injury:

The recognition is insufficient, and there is no other evidence to prove it.

① In light of the victim’s photographs on the part of the victim’s injury, the part of the victim’s elbow is seen as having been in a elbow, but the degree of such part is not so significant, and the photographs alone are difficult to confirm other injuries. The victim entered only the part of the elbow in the written statement prepared on the day of the instant case.

(2)

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