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(영문) 수원지방법원 2016.10.13 2016고정330
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a driver of F Kan-knife car.

On July 10, 2015, the Defendant driving the said car around 00:14, and driving it on July 10, 2015, and driving it on a speed of about 50 kilometers per hour at a speed of 50 kilometers between the two lanes between the two-lanes in the area of the common road, common road, common road, and common road, common road, common road, and common road.

On the other hand, by the negligence of changing the rapid lane into the two-lane, the driver of G G driving, who driven the two-lanes of the vehicle of the defendant at the time, tried to avoid the collision with the vehicle of the defendant at the time, caused the above victim to the light catitiss requiring treatment for about two weeks of the collision. At the same time, the above vehicle was damaged to require repair costs of KRW 1,285,942 and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim.

2. Determination

A. The "when the driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" refers to the case where the driver of an accident runs away from the accident site prior to performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim although he/she knew of the fact that the victim was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident. However, the provisions of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, in reality where the driver who caused the traffic accident fails to take measures such as aiding the victim who was killed due to his/her negligence, taking into account the possibility of a strong ethical criticism, shall be aggravated to protect the public interest of traffic safety and the victim

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