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(영문) 대구지방법원 2016.01.15 2015고정2628

도로교통법위반(사고후미조치)

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The defendant shall be innocent.

Reasons

1. The Defendant is a person engaging in driving a Crocketing car.

On September 28, 2015, the Defendant driven the above car at around 13:11, and moved to the E parking lot in front of the E parking lot located in Daegu Northern-gu, Daegu, and turned to the E parking lot.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take a well-round left and right after school and to prevent accidents in advance by accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected to do so and went on as is, thereby, received F’s housing fences installed on the right side of the above vehicle of the Defendant, as the front part of the above vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, destroyed the above wall to cover KRW 1,700,000 for repair and escaped without immediately stopping the wall and without taking necessary measures.

2. This is an offense falling under Articles 148 and 54(1) of the Road Traffic Act. The purpose of Article 54(1) of the Road Traffic Act is to prevent traffic danger and interference on the road and to ensure safe and smooth traffic flow on the road, not to restore the physical damage of the victim. In such cases, measures to be taken by the driver of the accident must be adequately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures must be taken to the extent ordinarily required in light of a sound form (see, e.g., Supreme Court Decision 2013Do1585, Feb. 27, 2014). Therefore, in order to establish the above offense, there is a need to take certain measures to eliminate such danger and interference.

According to the evidence duly adopted and examined by the court as to the instant case, the Defendant is required to shock the housing fence as stated in the instant facts charged.