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(영문) 대구지방법원 2017.08.10 2016노4719
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the place where the instant accident occurred, and thus, the Defendant was unable to find out the victims due to such road conditions, etc.

Therefore, the defendant's negligence on the accident of this case is not recognized.

Even if the Defendant’s negligence is recognized as to an accident, there is a relationship between the instant accident and the death of the victim.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the defendant guilty of the charges of escape death in this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. The Defendant also asserted the same in the lower court, but in full view of the evidence and circumstances as stated in its reasoning, the lower court held that, in this case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to prevent the occurrence of an accident by reducing a speed higher than that of the ordinary road according to the road situation at the time of the accident, and driving a motor vehicle closely with the right and the right at the right of the front and the right of the road. However, in so doing, the Defendant caused the instant accident, which caused the injury inflicted on the road on the front and rear road while neglecting the duty of care until the collision, and thus,

Considering that it is reasonable to see that the relationship between the victim's death and the person with the instant accident can also be recognized.

I considered it.

In light of the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and there is an error of law by misunderstanding the facts as alleged by the defendant and the defense counsel, which affected the conclusion of the judgment.

A driver may not be allowed (it may be allowed to reduce the speed in line with the road circumstances at the time of the accident, even if there are circumstances under which the driver's view is restricted compared to that at the time of the accident.

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