도로교통법위반(사고후미조치)
The defendant shall be innocent.
The summary of the facts charged in the instant case is as follows: (a) the Defendant was driving at around 01:40 on July 25, 2015 BYF rocketing and is going to drive while driving at the speed of approximately 100 km in speed from the intersection where the exclusive motorway located in the south of the east-gu of the front city at the Jeonju-si, the front direction of the exclusive motorway at the speed of about 10 km in speed among two laness.
In addition, the central separation zone is required to be received, even though the steering gear was rapidly operated to the right side of the road, leaving the road, and the locks installed on the right side after entering the lock, falling out of the road to cause approximately KRW 1,380,858 of the repair cost, it did not immediately stop and check the state of damage, etc.
The facts charged are crimes falling under Article 148 and Article 54 (1) of the Road Traffic Act.
However, the purpose of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic, not to restore damage to victims. In such cases, measures to be taken by drivers shall be appropriately taken according to specific circumstances, such as the content of the accident and the degree of damage, and measures to the extent that such measures are ordinarily required in light of sound form.
Therefore, in order to establish the crime, it is necessary to take certain measures to remove the danger and obstacle caused by traffic accidents.
However, according to the evidence adopted and examined by this Court, the occurrence of traffic accidents, such as the facts charged, can be recognized. However, due to the destruction of trees outside the road on the right side of the above access road, and the Defendant's vehicle fell and was cut down outside the road, and the result of human thoughts did not occur.