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(영문) 창원지방법원 통영지원 2014.08.13 2014고정97
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person engaged in Cwing and 3 freight driving duties.

At around 05:30 on September 8, 2013, the Defendant driven the above cargo at a speed of about 40 kilometers in speed from the right-on to the right-on side of the village at the right-on-dong, Pyeongtaek-dong, Pyeong-dong, and proceeded at a speed of about 40 kilometers in speed from the right-on-way to the right-on-way direction.

In such a case, the Defendant had a duty of care to prevent accidents in advance by accurately operating and safely operating the steering gear, brakes, and other devices of the vehicle.

Nevertheless, the Defendant neglected this and neglected to proceed with the accident at the point of the accident, and caused the injury to the victim D, which was caused by the victim D's body, which was caused on the lane by negligence, due to the negligence of neglecting the previous road, to the point of the accident, and the victim suffered about 11 weeks of the left-hand frame, such as the development frame of the left-hand frame, and the mouth salke, etc.

In such a case, the defendant provided assistance to casualties while the driver was required to be identified, but the police officer called the accident site was sent to the accident site, and the defendant went away from the accident site after taking a witness unrelated to the accident.

2. Determination

A. "Cases where a driver of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding a victim, etc." under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act") means cases where the driver of an accident runs away from the scene of the accident before performing his/her duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he/she knows that the victim was killed due to an accident, resulting in a situation where it is impossible

However, the purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles that occur on roads.

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