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(영문) 의정부지방법원 2014.09.03 2014노181
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering the place and time of the instant accident, the gist of the grounds for appeal can be anticipated that pedestrians can move along the parked vehicle, but it is recognized that the Defendant’s negligence was committed against the Defendant who did not drive safely, and even if the victim did not set the string of the string machine, thereby causing injury to the victim, the causal link between the Defendant’s negligence and the injury is not severed. The Defendant’s negligence and the string between four points at the end of the mobile phone number used at the time and four points at the end of the mobile phone number known to the victim is difficult to view that the difference between the Defendant and the end of the cell phone number known to the victim was wrong.

Nevertheless, there is an error of misconception of facts in the judgment of the court below that acquitted the facts charged of this case.

2. Determination

A. On September 12, 2012, at around 16:20 on September 12, 2012, the Defendant: (a) driven a C Poter Cargo Vehicle (hereinafter “instant vehicle”); and (b) led the Defendant to proceed with the road if there is no vehicle in front of the U.S. Seogsan-dong, U.S. Seo-gu, U.S., U.S.-dong, U.S.,

Since the place is where people have frequent access to a road without a vehicle line, a person engaged in driving service has a duty of care to check and drive the way by checking well the right and the right of the road at all times.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the road by putting the victim, who was placed on the left side of the road due to the negligence of driving the vehicle as it was, by driving it on the left side of the road in the direction of proceeding, putting the new flicker, which was cited by the victim D(13) on the left side of the vehicle in this case.

Ultimately, even though the Defendant suffered from an injury such as the elbow blue blue room on the left-hand side, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

(b).

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