beta
(영문) 서울중앙지방법원 2017.06.23 2017고단2909

도로교통법위반(사고후미조치)

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is a person who is engaged in driving a Dsch Rexton car.

On March 17, 2017, around 06:10 on March 17, 2017, the Defendant continued the back road in Seocho-gu E from the center of the room to the side of the embankment.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents by safely driving the motor vehicle after securing the safety of course by checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to proceed with the vehicle and was parked on the left-hand side of the vehicle driving direction, and received HObaba owned by G.

Ultimately, the Defendant, by the foregoing occupational negligence, escaped without taking any measure to remove the risks and obstacles to road traffic, even though the Defendant had a bicycle owned by G, damaged the F F-F-F-point glass, the air-conditioner room, the air-conditioner room, and the air-conditioning, etc. owned by I, and scattered without taking any measures to remove the risks and obstacles to road traffic.

2. Although the Defendant’s statement of the instant accident partially fell from the floor near the scene of the accident, the Defendant’s act of violation of the Road Traffic Act is not established on the ground that the occurrence of a danger or impediment to road traffic and the degree of immediate removal is not necessary.

3. Determination

A. The purport of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on the road, and it does not aim at restoring damage to the victim.

In such cases, measures to be taken by drivers shall be taken appropriately according to the specific circumstances, such as the details of the accident and the degree of damage, and the extent thereof shall be sound.