beta
(영문) 의정부지방법원 2014.10.17 2014노842

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is an accident that merely causes physical damage, and the Defendant immediately stopped the instant accident and examined the scene of the accident in detail, and all necessary measures, such as receiving contact with the insurance company to handle the insurance, leaving the site after the accident, etc., were taken.

Therefore, the judgment of the court below that found the Defendant guilty on the ground that the Defendant failed to take necessary measures regarding the instant accident is improper as it misleads the fact.

2. The purport of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic dangers and obstacles that occur on roads, bicycle falls under vehicles and horses under the Road Traffic Act, and bicycle lanes also are roads under the Road Traffic Act.

(Article 2). However, according to the evidence duly adopted and examined by the court below and the materials submitted by the court below, the following circumstances are recognized.

① The instant accident did not cause any harm to human life, and only the glass of a bus stop was damaged as stated in the facts charged in the instant facts charged. The bus stops were installed on a sidewalk with a certain distance away from the road, and it is unclear whether the damaged bus stops were scattered to the automobile road.

② The Defendant immediately stopped the instant accident, examined the scene of the instant accident, and judged that there is no particular problem, and then left the scene by again boarding the vehicle, and received the insurance from the insurance company among the attempts to leave the scene.

However, according to the above evidence, the following circumstances are also acknowledged.

In other words, ① the first front of the bus stops, that is, the sidewalk on which the above bus stops and the bus stops are installed, have a bicycle lane, and the accident of this case is destroyed.