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(영문) 수원지방법원 성남지원 2018.01.25 2017고단1920
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving a C-car.

On June 26, 2017, the Defendant driven the above car at around 22:20 on June 26, 2017, and proceeded ahead of the Geum-gu, Song-dong, Gwangju, in the direction of Gwangju City to the SCRC Rehabilitation Hospital at an indefinite speed.

At the time, there was an intersection where signal lights are installed at night and at the front, so in such a case, there was a duty of care to prevent accidents in advance by safely proceeding with reducing speed and checking the front, rear, and left and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to stop on the front side of the passenger car, which was driven by the victim E (the 37 years of age) who was standing in the signal atmosphere from the front side by negligence, and led to the Defendant’s failure to stop on the front part of the passenger car.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as scarcity, tension, etc., which requires approximately two weeks of medical treatment, and did not immediately stop and take necessary measures, such as providing relief to the victim.

2. The phrase "when the driver of an accident runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding the injured person, etc." 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 is aware of the fact that the injured person was injured by the accident, such as aiding the injured person, leaving the scene of the accident before performing his/her duty under Article 50 (1) of the Road Traffic Act, such as aiding the injured person, and causing the situation where the identity of the person who caused the accident cannot be confirmed. Thus, in order to establish the crime of escape, the result of his/her idea should occur, and the crime of escape can not be assessed as "a mere danger to life or body, or an injury" under Article 257 (1) of the Criminal Act.

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