[2] In a case where a defendant's vehicle stopped on a ticket without stopping his/her movement while driving another vehicle, the case denying the establishment of a crime of violation of Article 54 of the Road Traffic Act on the ground that the defendant does not constitute a person who killed or injured another person or who damages an article, who is a person obligated to take relief measures under the Road Traffic Act

[2] In a case where a defendant's vehicle stopped on a ticket without stopping his/her movement while driving another vehicle, the case denying the establishment of a crime of violation of Article 54 of the Road Traffic Act on the ground that the defendant does not constitute a person who killed or injured another person or who damages an article, who is a person obligated to take relief measures under the Road Traffic Act

The summary of the judgment against the defendant shall be published.

The Defendant is a person who is engaged in driving of a motor vehicle (vehicle number 1 omitted) motor vehicle.

around 19:34 on April 10, 2009, the Defendant stopped in and called for a lane on the front day of the marbane farm located in Seopo-si, Sungpo-si, Sungposi, Sungpo-si, and was driven by Nonindicted Party 1 (vehicle No. 2 omitted). Nonindicted Party 1 entered the lane where the mar mar mar mar mar mar mar mar was parked and the Defendant stopped, and mar mar mar mar mar mar mar mar was parked, and the part of the above Nonindicted Party 1’s mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar.

In such cases, the Defendant, who is the driver of a motor vehicle, should take necessary measures such as aiding and abetting the casualties in the vehicle, but has escaped without any measures.

2. Determination

A. Relevant laws and the issues of this case

(1) Relevant laws

Road Traffic Act

Article 54 (Measures to be Taken on Occurrence of Accidents)

(1) When a person is killed or injured or goods are destroyed or damaged by a traffic of a motor vehicle (hereinafter referred to as "traffic accident"), the driver and other crew members of the relevant motor vehicle (hereinafter referred to as "driver, etc.") shall immediately stop the motor vehicle and take necessary measures to provide assistance to casualties, etc.

Anyone who has failed to take measures in the event of a traffic accident under the provisions of Article 54 (1) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding fifteen million won.

Act on Special Cases concerning Traffic Accident Settlement

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term “vehicles” means the vehicles provided for in subparagraph 16 of Article 2 of the Road Traffic Act and the construction machinery provided for in subparagraph 1 of Article 2 of the Construction Machinery Management Act;

2. The term “traffic accident” means death or injury of a human being or damage to property resulting from vehicular traffic.

(2) The issues of the instant case

In each of the above laws governing traffic of vehicles and traffic accidents resulting therefrom, the definition of "traffic accidents" is uniformly used, while there is no explicit definition clause concerning the specific meaning of "traffic resulting from the traffic of vehicles" (However, Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act defines "operation of a motor vehicle" as "use or management of a motor vehicle according to its usage, regardless of whether it carries people or goods."

However, in the case of the accident of this case, when the vehicle of the defendant stops on the scamet without stopping the movement of the vehicle of the defendant, the other party's vehicle under way is concealed the vehicle of the defendant and the accident occurred. In such a case, the issue of this case is whether the defendant can be seen as a person who killed or injured a person, who is a person obligated to take relief measures as stipulated in Article 54 of the Road Traffic Act.

B. Determination

The term "traffic accident" in Article 2 subparagraph 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents means the death or injury of people or damage to things caused by the traffic of a vehicle. In light of the legislative purport of the Act on Special Cases concerning the Settlement of Traffic Accidents aiming at setting special cases concerning criminal punishment for drivers who have caused a traffic accident and the legislative purpose of the Act on Special Cases concerning the Settlement of Traffic Accidents aiming at protecting victims from the operation of a motor vehicle, and the term "traffic" is, in principle, the term "traffic" under Article 2 subparagraph 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents aiming at protecting victims from the operation of a motor vehicle, which is a term premised on the movement or transportation of people or goods, it shall be interpreted more narrowly than "operation" under Article 2 subparagraph 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents (see Supreme Court Decision 2009Do2390, Jul. 9, 200). The same applies to the duty of rescue under Article 54 of the Road Traffic Act, which has common provisions concerning the definition of

Therefore, it is reasonable to interpret that a person who causes an accident at least where he/she causes an accident in the course of moving a person or goods for his/her original purpose, or driving or transporting them for the purpose of moving or transporting them (this conforms to Article 54 of the Road Traffic Act requiring a person subject to relief measures to take necessary measures, such as providing aid to “Immediate stop” and providing assistance to casualties). The following circumstances, which can be known by each entry in the police protocol and the actual condition survey report about the defendant and non-indicted 1, namely, ① the defendant has stopped the vehicle on the blick ticket located in the safe zone of the second line road before the occurrence of the accident, and the defendant cannot be seen as not only in the situation where the traffic accident occurred in the course of driving the vehicle, but also in the situation where the defendant had no other obligation to stop or stop the vehicle in light of the weather condition and the condition of driving the vehicle at the time of the accident.

C. Conclusion

As seen earlier, the circumstance alone cannot be said to have violated the duty of relief under the Road Traffic Act, and there is no other evidence to prove that the defendant otherwise violated the duty of relief measures. Thus, the defendant shall be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant pursuant to Article 58(2) of the Criminal Act shall be

Judges Lee Sang-hoon