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(영문) 광주지방법원 2015.08.11 2014노2311

도로교통법위반(사고후미조치)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant neglected the road and left the scene of the accident even after the occurrence of the accident; (b) if the street lamps were left unattended, it shall be deemed that there was a traffic obstacle and danger on the road; (c) however, the lower court acquitted the Defendant on the ground that the Defendant fulfilled his/her duty to take measures to the extent ordinarily required to prevent and eliminate traffic hazards and obstacles.

2. The Defendant is a person engaging in driving a Cbea cruise car.

On February 16, 2014, the Defendant, while driving the above vehicle at around 00:30 on February 16, 2014, had a duty of care to safely operate the steering direction and operation by accurately manipulating the steering direction and operating the steering gear in front of the field of luminous field.

Nevertheless, the defendant neglected to do so and led to the failure of the defendant to stand up with the front part of the passenger car on the right side of the defendant's car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the property equivalent to KRW 5,221,00, such as the repair cost, such as the street lamps of net thousand viewing roads and D management, and escaped without taking necessary measures for the accident.

3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant: (a) was unable to tow and handle all parts of the vehicles that were scattered on the road immediately after the accident, and was destroyed by the request from E; and (b) it is difficult to deem that there was any danger or obstacle to driving on the road at the location where the accident occurred because other street lamps turn on the road behind the damaged street lamps, etc. although the street, etc. was destroyed or damaged by the accident in this case, the Defendant is to prevent and eliminate the traffic danger and obstacle caused by the accident in this case.