logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.20 2018노1848
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. There is no negligence on the Defendant’s traffic accident as indicated in the lower judgment (hereinafter “instant accident”).

The defendant, while making a left-hand turn, reported that the vehicle of the victim E is proceeding under the speed, and set the front part of the defendant's vehicle to the left-hand side without exceeding the center line of the virtual center.

The victim E was able to safely drive the Defendant’s vehicle by avoiding the Defendant’s vehicle, but the accident of this case occurred due to shocking the victim’s G vehicle in the course of stopping due to excessive speed and driving care.

B. The Defendant did not have any awareness that the instant accident occurred by the Defendant, and did not have any intention to escape.

After the instant accident, the Defendant stopped on the side of the road and observed the accident situation, and the victim G told the victim E that he would drive the vehicle under the speed of dwarf, and the passenger who boarded the Defendant’s taxi did not commit any error against the Defendant.

Accordingly, the Defendant does not have relation to the instant accident.

I think and start the vehicle.

The defendant's vehicle did not have any reason to escape if the defendant was aware that the defendant was an accident caused by his/her negligence in the course of being covered by comprehensive insurance.

(c)

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that it is necessary for the driver of an accident to have known that the accident was caused by his occupational negligence, but the degree of perception is sufficient if the driver knew of the accident that the accident was caused by his occupational negligence (see, e.g., Supreme Court Decision 95Do833, Jul. 11, 1995). However, the lower court’s judgment can be determined based on the evidence duly adopted and investigated by the court of the lower judgment.

arrow