도로교통법위반(사고후미조치)
The defendant shall be innocent.
1. On December 1, 2016, around 16:00, the Defendant: (a) driven a D-wing truck of freight on the front side of the Seo-gu Incheon building, Seo-gu, Incheon; (b) proceeded from the front side of the Madern Park No. 1 to the lower surface of the Madern Park No. 1; and (c) damaged the soundproof walls managed by the 7325 unit of the victim to the front side of the 7325 unit of the cargo vehicle of the Defendant to have the amount of KRW 2,132
Accordingly, even though the Defendant damaged the soundproof walls due to traffic, he did not immediately stop and take necessary measures such as checking the state of damage.
2. The purport of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic, not to recover physical damage to victims. In such cases, measures to be taken by drivers on the road shall be appropriately taken according to the accident site circumstances, such as the content of the accident, the mode and degree of damage, etc., and the degree of such measures is to be taken to the extent ordinarily required in light of sound form (see, e.g., Supreme Court Decision 2014Do214, Mar. 13, 2014). However, considering the following circumstances revealed by the evidence duly adopted and investigated by the court, the Defendant did not take any particular measures after destroying soundproof walls of military units with the vehicle operated by the Defendant.
Even if the evidence submitted by the prosecutor alone, the Defendant was obligated to implement the measures under Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016).
It is insufficient to view it, and there is no other evidence to prove it.
A. In the instant case, the Defendant also recognized that the Defendant did not take any particular measure after shocking soundproof walls installed between the Bara in which he resides and the nearby military unit.
(b) the above accidents;