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(영문) 창원지방법원 2018.12.12 2018고단1616
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecution of this case is dismissed.

Reasons

1. On April 16, 2018, the Defendant, who is engaged in driving the Class B and the third cargo vehicles, was driving the above cargo vehicles around April 16, 2018, and led the Changwon Fire Station located adjacent to the Changwon Fire Station located in the new road of the Changwon-si, Changwon to make a right-hand turn from the direction of the Changwon Police Station to C at a non-speed speed.

Since there are bicycle-only roads and crosswalks, in such cases, there was a duty of care to prevent accidents in advance by looking at whether a person driving on a bicycle or a person crossing the crosswalk is well aware of the right and the right and the right of the bicycle.

Even if the Defendant neglected to do so, the Defendant did not discover the victim D (33 ) who entered the crosswalk by getting a horse from the bicycle lane and getting straight from the bicycle lane, and received the victim’s bicycle front portion with the right side of the said cargo vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, suffered damages to various parts of the victim’s reputation that need to be treated for about two weeks, and immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victim.

2. The non-guilty part

A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction shall be based on the evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt, and if there is no such evidence, the defendant should be judged in the interest of the defendant even if he is suspected of guilty (see Supreme Court Decision 2005Do8965, Feb. 10, 2006, etc.). (b) The following facts or circumstances revealed by the records of this case, namely, ① the defendant, from the investigative agency to this court, to the fact that an accident occurred.

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