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(영문) 대구지방법원 2015.07.17 2015고정1005

도로교통법위반(사고후미조치)

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving a vehicle B-to-purd.

On February 25, 2015, the Defendant driven the said car at around 05:15, and moved the front road of an international officetel located in Daegu Dong-gu, Daegu to the boundary of the Dong-gu area at the new world construction site.

At that time, C was unable to secure the safety distance while driving a DK5 car following the Defendant’s vehicle by driving it, due to the negligence that it did not secure the safety distance, the part of the Defendant’s back-wing part of the above K5 car was received.

After all, the Defendant left the vehicle of the Defendant without immediately stopping and taking necessary measures after the accident even though the front-hander destroyed that the above K5 car of the Defendant was equivalent to KRW 350,000 of the repair cost due to the above traffic accident.

2. Article 148 of the Road Traffic Act provides that a person who fails to take measures at the time of occurrence of a traffic accident under Article 54 (1) shall be punished. Article 54 (1) of the same Act provides that where a person is killed or injured or goods are damaged due to the traffic of a motor vehicle, such as driving of a motor vehicle, etc., the driver or other crew members of the relevant motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as providing assistance to casualties, etc., and imposes an obligation to take necessary measures on the driver or other crew members of the motor vehicle who killed

Examining the instant case, the Defendant is only the victim who was damaged by the Defendant’s occupational negligence in a traffic accident, such as the instant charges, and the Defendant does not perform the obligation under Article 54(1) of the Road Traffic Act.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act.