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(영문) 광주지방법원 2013.09.12 2013고정811
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a 1 ton driver of the E-1 ton truck owned by the same student.

On March 8, 2013, the Defendant is changing the lane into the right side by the parallel of the road in order to run the road side along two-lanes from the direction of the luminous-dong to the Round-gu Round-do, Gwangju Metropolitan City, in a way that the Defendant is driving along the lux and the lux-do, along the two-lanes.

A victim F (the 53-year old) driven by the victim FF (the 53-year old) who normally proceeds from the right-hand lane due to a change in the course of the front left-hand side of the G car driving, caused injury to the victim, such as salt, tension, etc. for about two weeks by shocking the front left-hand side of the said cargo vehicle, and at the same time, destroyed the damaged vehicle’s repair cost of KRW 760,000 (hereinafter “instant traffic accident”), immediately stopped without taking measures such as providing relief to the victim.

2. The defendant and his defense counsel acknowledged by the defendant's negligence that caused the same traffic accident as the above facts charged. However, the defendant alleged that the above traffic accident was not known at the time, and the "if the driver runs away without taking measures as provided by Article 50 (1) of the Road Traffic Act, such as aiding the victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" refers to the case where the driver of the accident, although he knew of the fact that the victim was killed due to the accident, leaving the scene of the accident before performing the duty provided by Article 50 (1) of the Road Traffic Act, such as aiding the victim, brings about a situation in which it is impossible to confirm who caused the accident. Here, the degree of awareness of the fact that the victim was killed is not necessarily definitely required to be determined,

(see, e.g., Supreme Court Decision 99Do5023, Mar. 28, 2000). Examining in light of the aforementioned legal principles, it is difficult to view.

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