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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) on May 24, 2018, the Defendant driving a Grandland of Grandland, at around 16:10, and the Defendant changed the course to a two-lane in order to avoid bus transit from the left side of the bus exclusive lane to a single lane while driving along a three-lane road (excluding bus exclusive lanes) along the upper string of the road in the middle C-gu Seoul Metropolitan Government along the upper west intersection.
Since the location is a road with heavy traffic of vehicles, there was a duty of care to make a safe change of the vehicle in front and rear left, secure a safe distance with the front and rear vehicle, and prevent accidents in advance by driving the vehicle.
Nevertheless, the Defendant neglected this and changed the lane from the three-lanes of the above roads to the two-lanes of the Defendant’s running, and the victim D, who is driving in the front section of the Defendant, did not keep a sufficient safety distance between the victim D, which is driving at the front section of the above roads, and received a part of the front part of the above Gohap, which led to a decrease in the mast by the negligence of driving the above vehicle in close vicinity, without keeping a sufficient safety distance.
Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the affected party, such as a 20-day light salt, and at the same time, avoided the injured party’s driver’s car to repair 302,970 won due to repair, etc., and escaped without taking necessary measures, such as aiding the injured party, even though it was damaged to repair the injured party’s car, etc.
2. Determination
A. The phrase “cases where a driver of an accident runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding a victim,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes at the relevant legal doctrine, refers to the duty of Article 54(1) of the Road Traffic Act, such as aiding a victim, even though the driver of an accident knows that the victim