beta
(영문) 인천지방법원 2016.04.01 2015고정1393

도로교통법위반(사고후미조치)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a CB car.

On October 3, 2014, at around 08:45, the Defendant came to proceed in the direction of e-mail in the direction of the department store in Nam-gu Incheon Metropolitan City, Nam-gu.

At the time, there was a vehicle driving on the left side of the defendant's vehicle, so in such a case, the driver of the vehicle has a duty of care to safely change the vehicle line and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to change the course to the left-hand side of the Defendant’s car, thereby resulting in the victim Furri G Driving G, who was in the left-hand side of the Defendant’s car, followed the right-hand side of the Defendant’s car, even though even and fences, the Defendant received the front wheels and fences of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, did not take necessary measures at the time of the occurrence of a traffic accident, such as immediately stopping and checking the situation of the accident, even though he damages the amount equivalent to KRW 4,831,50, such as exchanging the said victim’s car, following the exchange, etc.

2. Article 148 of the Road Traffic Act is established when a driver of an accident fails to take measures under Article 54(1) of the same Act, and the purport of Article 54(1) of the same Act is to prevent and eliminate traffic risks and obstacles on the road and to ensure safe and smooth flow of traffic, and not to recover the physical damage of the victim. In this case, measures to be taken by the driver of an accident shall be adequately taken according to specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be ordinarily required in light of sound form (Supreme Court Decision 2012Do1414 Decided March 14, 2013). Comprehensively considering the evidence duly adopted and examined by the court, the following facts are recognized:

(1).