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Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (hereinafter referred to as the “accident”) is acquitted. Of the facts charged in the instant case.
Reasons
1. The Defendant is a person driving B cargo vehicles.
On August 21, 2019, the Defendant driven the above vehicle on August 12:11, 2019, and changed the two lanes from the three-lane near the Southern-gu Busan apartment to the opposite intersection.
In such cases, the driver has a duty of care to safely change the lane after informing the driver of the direction to change the lane by hand or direction direction, and ascertaining whether there are other vehicles in the direction to change the lane.
Nevertheless, the Defendant neglected this and neglected to change the vehicle line as it is, followed by the Defendant’s negligence, the left hand hand of the victim E (the age of 66) driver’s f.o.b., the left hand of the victim’s E (the age of 66) driving, followed by the Defendant’s driver’s first part, and took the back hand of the victim’s left hand over the road with the rear wheels.
결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 6주간의 치료가 필요한 좌측 수부 으깸 손상 등을 입게 함과 동시에 피해자 운전의 오토바이를 4,125,000원의 수리비가 들도록 손괴하고도 즉시 정차하여 피해자를 구호하는 등의 조치를 취하지 아니하고 그대로 도주하였다.
2. Determination
A. In full view of the following facts and circumstances, it is insufficient to readily conclude that the Defendant had the intention to flee, and there is no other evidence to acknowledge it otherwise, in light of the evidence duly adopted and examined by the court 1 of this Act, such as the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes).
(1) In order to avoid vehicles that enter an investigative agency as soon as he/she enters, the defendant shall use the vehicle.