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(영문) 광주지방법원 해남지원 2018.11.29 2017고정27
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Of the facts charged in this case, the prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is dismissed.

Reasons

1. The Defendant is a person who drives a cargo vehicle under Bribero.

On August 21, 2016, the Defendant driven the above cargo vehicle at a level of 30:0 p.m. on August 13, 2016, and started the above vehicle at an indondo C.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the operation and steering gear of the motor vehicle, and by accurately operating the operation and steering gear.

However, the Defendant was negligent in proceeding as it was while driving the vehicle, and the chest of the victim D, who was under the influence of alcohol before the vehicle driven by the Defendant, was placed with the wheels front of the left side of the vehicle driven by the Defendant.

Although Defendant 1 suffered from an injury, such as a dystroke and stroke stroke, which requires approximately six weeks of treatment due to such occupational negligence, Defendant 2 escaped without taking active relief measures.

2. The non-guilty part

A. “Cases where a victim of an accident runs away without taking measures as prescribed by Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases”) refers to cases where the driver of an accident runs away from the scene of the accident before performing his/her duty as prescribed by Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim, even though the victim was aware 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, Article 5-3 (1) of the Act provides that a driver who has caused a traffic accident does not take measures such as aiding the injured party who is killed or injured by the accident in the reality that a sound and reasonable traffic order corresponding to the rapid increase of motor vehicles and traffic accidents has not been established, in consideration of the fact that there is a strong ethical criticism in the act of escaping, it shall be subject to aggravated punishment.

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