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(영문) 광주지방법원 순천지원 2015.02.17 2014고정640

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a horse.

When any person is killed or injured due to traffic, such as driving of a motor vehicle, the driver of the relevant motor vehicle shall immediately stop the motor vehicle and take necessary measures to provide assistance to casualties.

On June 2, 2014, at least 16:55 on June 2, 2014, the Defendant driven a light flag at the entrance of the ancient village located in the ancient village in the ancient village in the ancient village in the ancient village in the ancient village in the ancient village in the ancient city, and left to the left, and the Defendant did not immediately stop the part of the right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand part of D (W, 42 years old) on the back-side of the upper lebane, and did not take necessary measures, such as aiding the injured, etc., by immediately stopping it.

Summary of Evidence

The Defendant’s partial statement, witness C’s legal statement, witness C’s actual condition investigation report, evidence photograph, and diagnosis report [the instant traffic accident appears to have occurred due to the driver’s negligence. However, in the event of a traffic accident as prescribed by Article 54(1) of the Road Traffic Act, the duty to take relief measures is imposed in such a way that the driver, etc. promptly takes necessary measures, such as aiding and abetting the victims of the traffic accident, when the driver, etc. is killed or injured or damaged by the traffic of the vehicle. As long as the result of the traffic accident is in a situation where it is necessary to take measures to rescue the victims and restore traffic order, the obligation shall be interpreted as a duty imposed on the driver of the vehicle who has caused the traffic accident regardless of intention, negligence, liability, or illegality in the occurrence of the traffic accident. It shall not be construed as a duty even if the accident in question is not attributable (Supreme Court Decision 200Do1731 Decided May 24, 2002).