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(영문) 부산지방법원 2013.06.28 2013노32
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which acquitted the victim of the charges of this case on the ground that the victim was not injured even though the victim was treated at hospital due to the traffic accident in this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Summary of the facts charged in this case and the judgment of the court below

A. On June 27, 2012, the Defendant was a driver of the vehicle of the vehicle of the C highest head of the vehicle. On June 23:35, 2012, the Defendant driven the said vehicle and driven the four-lanes of the low-end intersection in the Busan Jin-gu, Busan, along the three-lanes from the intersection to the intersection, and stopped for signal.

Since the place is an intersection where the vehicle is concentrated and another vehicle is stopped in front of the vehicle immediately, there was a duty of care to properly use the movement of the vehicle in front and front and prevent the accident by properly using the brake system.

Nevertheless, the Defendant neglected to do so and caused the Defendant’s vehicle to proceed in the future by the negligence of removing the Defendant’s vehicle that was on the balk, and thereby, received the back part of the victim D(W, 41 years old) driving Efald car in the front of the signal, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injuries, such as fluoral salt, etc., in need of treatment for about three weeks, and escaped without taking measures, such as aiding the victim.

B. On the grounds delineated below, the lower court acquitted the Defendant on the grounds that it is difficult to recognize the fact that the victim sustained the same injury as the facts charged.

Summary of the Judgment of the original trial

(a) For the purpose of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, such as aiding a victim;

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