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(영문) 대구지방법원 김천지원 2018.02.08 2017고정415
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is dismissed.

Reasons

1. The summary of the facts charged was driven around 00:20 on July 1, 2017 by the Defendant, who driven the C Highest Paint, and driven the E Scki-ray road in Kimcheon-si D toward Mat from the nearest point of shipbuilding.

There are many restaurants, and the passage of pedestrians passing through the place is frequent. In such a case, the driver has a duty of care to prevent accidents by accurately manipulating the front section and the left and right, and accurately manipulating the steering system.

Nevertheless, due to the negligence of neglecting it, the victim F(23) was placed on the left-hand side, which was the top-hand side of the victim F(23).

Ultimately, the Defendant, by such occupational negligence, sustained injuries to the victim F, such as the shoulder and the straw of the arms, which require two-day medical treatment. However, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victimized person.

2. The non-guilty portion (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the equivalent violation));

A. In full view of the following: (a) the history and content of the accident recognized by the record; (b) the victim’s injury level and degree; (c) the Defendant’s negligence degree; and (d) the circumstances before and after the accident, the Defendant left the scene with the criminal intent of escape; or (c

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① The Defendant found the victim who is smoking tobacco on the road at the front section and stopped at a location near the victim, but the victim would not avoid smoking (the Defendant asserted that the distance between the Defendant and the arms of the victim would be about a few cm at the place where the last stopping was made, and the Defendant appears to be a close distance within a distance of 1m in light of CCTV images, but the Defendant and the victim could not know exactly, in light of CCTV images.

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