도로교통법위반(사고후미조치)
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant driving a C1 ton cargo vehicle, driving the said vehicle around 14:55 on December 4, 2015, and driving the said vehicle to change the course of the two lanes into three lanes in the direction of light funeral distance, from the Agricultural Bank of Korea, the front side of the E-lane D in the Militarysan City.
In such cases, the driver has a duty of care not to obstruct the driving of the vehicle running in the direction of change.
Nevertheless, the Defendant neglected this and contacted the victim F(42)'s Gbenz's Gbenz's car driving with three-lanes in the same direction due to occupational negligence.
After all, the Defendant, by the above occupational negligence, destroyed the repair cost of KRW 2,352,075,000 for the damaged vehicle, and escaped without taking necessary measures as the driver of the accident.
2. Determination
A. Articles 148 and 54(1) of the Road Traffic Act provide that a driver, etc. shall take necessary measures, such as removing obstacles caused by a traffic accident, to ensure safe and smooth traffic by preventing and removing traffic hazards and obstacles, and not to recover physical damage to victims. 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 degree and degree of the damage, and the degree of measures ordinarily required in light of sound form (see, e.g., Supreme Court Decision 2013Do4936, Aug. 23, 2013). However, according to the following circumstances acknowledged by the court by legitimate evidence examination, the defendant shall prevent the traffic hazards and obstacles after the accident (hereinafter “accident in this case”).