도로교통법위반(사고후미조치)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. When examining the shock level of the accident vehicle and the degree of damage of the damaged vehicle, one consideration is given that the instant traffic accident is not insignificant, and whether the damaged vehicle is scattered due to the traffic accident, and that consideration is given to determine the risks and obstacles to traffic.
The court below which did not recognize the crime of violation of the Road Traffic Act (after-accident) on the ground that the act of the defendant did not cause any danger and obstacle to traffic due to the possibility of connotation by the borrower or witness of the damaged vehicle due to the time in the morning.
2. Determination:
A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.
(1) The crime of violation of Article 54 (1) of the Road Traffic Act, which is punished under Article 148 of the same Act, requires awareness of the existence of human thoughts and damage to goods. Since the crime of occupational or gross negligence among the crimes of Article 268 of the Criminal Act and the crime of Article 151 of the Road Traffic Act, which are a criminal of negligence of negligence of negligence of negligence of crime of Article 268 of the same Act, are completely different from the crime of Article 151 of the same Act, such as protected legal interests, the subject, act, etc. of the crime of Article 151 of the same Act, if the driver of the vehicle does not take necessary measures, such as occupational or gross negligence of crime of Article 54 (1) of the same Act, the crime of Article 148 of the same Act shall be established except for the crime of injury by gross negligence or gross negligence of Article 151 of the same Act, and this shall be deemed as substantive concurrent crimes. Therefore, if it is not necessary to take measures under Article 54 (1) of the Road Traffic Act, it shall be deemed as concurrent crimes of Article 1515 of the same Act.