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(영문) 광주지방법원 2016.09.21 2016노311
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

The defendant is innocent.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not receive the victim’s taxi, and even if the victim’s taxi was involved in the accident, the content of the accident was insignificant and did not recognize the occurrence of the accident at the time. Since the accident was very minor and the accident did not contain spath on the road, there was no need to take measures under Article 54(1) of the Road Traffic Act.

2. Determination

A. The summary of the facts charged in the instant case is a person who is engaged in driving of C&L automobiles.

On May 12, 2015, the Defendant driven the above car at around 01:38, and driven the road in front of the E pharmacy at 1,000, at a speed of about 30 km from the side of the National Bank of Korea to the modern apartment.

Since there is an intersection where signal lights are installed, there was a duty of care to ensure that there is a motor vehicle in a stop in accordance with the signals by checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the Defendant did not neglect the above duty of care and did so, thereby damaging the Defendant’s 492,314 won to repair the said cab by shocking the part of the pentum adjacent to the Defendant’s driver’s above car driving, which is the victim of the FF driver’s (such as U.S.) in the opposite part, the victim of the FF driver’s standing in the opposite part.

In such cases, the driver of a motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as arranging the site.

Nevertheless, the Defendant immediately stopped and did not take necessary measures.

B. The lower court determined that the Defendant runs away without stopping a vehicle even though the Defendant caused the instant accident, and in such cases, the victimized driver is highly likely to conceal the Defendant, and the Defendant was set up on the road while not moving the vehicle to a safe place.

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