beta
(영문) 대전지방법원 논산지원 2015.10.27 2015고단75

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

At around 20:40 on September 18, 2014, the Defendant driven the said SM5 car, driving the said SM5 car, driving the road at the entrance of the runway, which is located on the outer side of the Y5 car in the west-gun, to the left-hand left-hand from the center line on the right-hand distance. On the course of the course of the course of the course of the course of the course, the part of the e-learning car driven by the victim D (W, 53 years old) who was going beyond the center line to overtake the said SM5 car was shocked by the Defendant’s front-hand part of the e-learning5 car left-hand one.

Ultimately, even though the repair cost was damaged by 756,249 won, the Defendant did not take measures and escaped as it was.

[As seen below, the defendant cannot be deemed to have a cause attributable to the above traffic accident, and there is no other evidence to acknowledge it. However, since the duty to take relief measures under Article 54(1) of the Road Traffic Act is intended to have the driver, etc. take necessary measures promptly when he kills or injures people or damages goods through the traffic of a vehicle, it is reasonable to interpret that the duty is imposed on the driver of the vehicle in question, regardless of intention, negligence, or illegality in the occurrence of the traffic accident, so long as the result of the traffic accident is in need of measures to rescue the victim and restore traffic order, it is reasonable to interpret that the duty is imposed on the driver of the vehicle in question, who caused the traffic accident, regardless of whether it is intentional or negligent in the occurrence of the traffic accident (see, e.g., Supreme Court Decision 200Do1731, May 24, 2002). Accordingly, even if the defendant does not have any cause attributable to the accident in question

1. Legal statement of witness D;

1. The Acts and subordinate statutes governing the occurrence of a traffic accident, a report on actual condition survey, photographs, chassis, estimates, field pictures, telephone conversations, and communications data;