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(영문) 서울북부지방법원 2017.07.20 2016고단3213
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

Reasons

1. The Defendant is a person engaging in driving a Clearning car.

On April 3, 2016, around 08:20 on April 3, 2016, the Defendant continued to proceed to the opposite female high school at the 1st Dong community service center.

At all times, the width of the road is narrow and the roadway and the sidewalk are located immediately adjacent to the vehicle and the location of the store are frequent, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and thoroughly control the direction and the system of the operation of the vehicle and to prevent the accident by accurately manipulating the steering and the system.

Nevertheless, the Defendant neglected to do so and found the Victim F (56) who driven an E-wheeled Vehicle before the left-hand side of the Defendant’s proceeding direction by negligence and neglected to do so, and continued to run as it is, the Defendant’s front-hand part of the said E-wheeled Vehicle, which led the victim to go beyond the ground by shocking the left-hand side of the said E-wheeled Vehicle.

Ultimately, even though the Defendant suffered from an injury, such as finite salt, etc., for about two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as providing relief to the victim.

2. Determination

A. Since the Defendant, since the police and the court, consistently conducted without recognizing the fact that the left-hand side of the vehicle with the front-hand part of the said vehicle, the Defendant had no intention to commit an escape.

argument is asserted.

"Cases where a victim of an accident runs away without taking measures under Article 54 (1) of the Road Traffic Act, such as aiding and abetting a victim," as prescribed by Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, means the Road Traffic Act, such as aiding and abetting the victim, even though the driver of the accident knows that the victim was injured by the accident.

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