On April 7, 2017, the Defendant continued the direction of sexual Madco road D in front of the Madco-gu, Sungnam-si around 02:35.

In such cases, a person engaged in driving of a motor vehicle shall report the traffic situation well and safely drive the motor vehicle so as to prevent the accident in advance, and where goods are damaged due to traffic, he/she has a duty of care to immediately stop and take necessary measures.

Nevertheless, the Defendant neglected to do so and concealed the part behind the FST5 vehicle owned by the victim E (67 years, n), which was parked in front of the above place, into the front part of the Defendant’s vehicle. Then, the Defendant concealed about about 50 meters away from the front part of the Defendant’s vehicle into the front part of the Defendant’s vehicle.

As a result, the Defendant caused the above victim E's physical damage equivalent to approximately KRW 759,612 and about KRW 330,000 by occupational negligence, and went away from the scene without any measure.

2. Determination

A. Articles 148 and 54(1) of the Road Traffic Act do not aim at ensuring safe and smooth traffic by having a driver, etc. take necessary measures, such as removal of obstacles caused by a traffic accident, and thereby preventing and removing traffic hazards and obstacles and ensuring the safe and smooth flow of traffic. In such cases, measures to be taken by a driver on the spot shall be appropriately taken according to the situation at the scene of the accident, such as the details of the accident and the attitude and degree of the damage, and the degree of such measures shall be taken to the extent ordinarily required in light of a sound form (see, e.g., Supreme Court Decision 2013Do4936, Aug. 23, 2013).