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(영문) 대전지방법원 2012.12.05 2012노1622
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds of appeal (in fact-finding) is that considering the fact that the victim D was diagnosed by the left-hand shoulderer's left-hand shoulderer with the cargo driven by the defendant, and the fact that the fact-finding inquiry inquiry replys on the fact-finding inquiry, the victim's injury should be assessed as an injury in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) but it is difficult for the court below to conclude that the victim suffered significant injury under the Criminal Act, and that it is difficult for the court below acquitted the defendant on the charges of this case.

2. Determination

A. The Defendant is a person engaging in driving a 1 ton and cargo vehicle in the instant facts charged.

On September 16, 2011, the Defendant driven the cargo vehicle on his business as of September 21, 201, and driven the front road in front of the Korean restaurant located in Geumsan-gun, Geumsan-gun, Geumsan-do at a speed of about 30km from the side of the Geumsan-gu Office to the speed of 30km.

Since there are many people driving on pedestrians and bicycles in a residential area, school, and commercial area, the driver of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to safely drive the motor vehicle by properly examining the front left.

Nevertheless, the defendant neglected to do so and proceeds as it is.

The victim, who passed the bicycle prior to the same direction, did not discover the victim D (Nam, 48 years of age) and did not discover the right side of the cargo vehicle and received the victim's shoulder part on the left side of the victim and exceeded the victim on the ground.

Although the Defendant, due to the above occupational negligence, suffered from an injury to the left-hand sprinked spons, etc., which requires treatment for about six days, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

B. Defendant’s assertion is the time of the instant accident.

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