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(영문) 광주지방법원 2015.05.27 2014고단2872
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant is a person engaging in driving of CSP car. On June 25, 2014, at around 18:05, the Defendant: (a) on the part of 18:05, the Defendant: (b) on the part of the route in Gwangju Mine-gu, sent back to the entrance side of the bitP apartment at the speed of about 10 kilometers from the south south to the lower south; (c) on the part of the bitP apartment at the speed, the Defendant had a duty of care to care for an employee of the vehicle to see the right and the right and the right well and accurately operate the steering and operation of the steering gear; (d) on the part of the above vehicle, the Defendant, without any negligence, found the victim D who is driving on the right side of the running direction of the vehicle; (d) on the part of the vehicle without avoiding the bicycle; and (e) on the left side and the left side of the vehicle without having the victim stop and stop immediately to take necessary measures, such as treatment, etc.

2. In order to establish the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), the result of death and injury must arise to the victim. Annoyingly, annoying person who could not be assessed as “injury” under Article 257(1) of the Criminal Act is no longer in need of treatment, and thus, it is difficult to deem that the above crime violated health conditions (see, e.g., Supreme Court Decision 2008Do3078, Oct. 9, 2008). In addition, only the descriptions of the witness D’s legal statement and investigation report (Attachment, etc.), such as the damage to the physical integrity and living function of the victim, or the change of health condition, are not established, under Article 257(1) of the Criminal Act.

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