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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
1. In full view of the statements by the victim of the grounds for appeal, the content of the instant traffic accident, the degree of damage, the field circumstances, etc., the Defendant recognized the occurrence of the instant traffic accident and recognized the fact that the Defendant did not take measures at the time of occurrence of the traffic accident under Article 54(1) of the Road Traffic Act, the lower court acquitted the Defendant of the facts
2. Determination on the grounds for appeal
A. The lower court determined as follows, based on the evidence duly admitted and investigated by the lower court, based on the following circumstances: (a) the actual damage of the damaged vehicle, i.e., the actual damage of the damaged vehicle (in the investigation record 9 pages and 18 pages); (b) the situation of time operation of the damaged vehicle; (c) the speed of the Defendant’s driving vehicle; and (d) road conditions, etc., it appears that the shock of the accident would not have been significant; (b) the Defendant was obstructing the recognition of the accident due to hearing-impaired; and (c) the Defendant’s behavior and statement to this court immediately after the instant traffic accident; and (d) it is insufficient to recognize that the evidence submitted by the Prosecutor was insufficient to recognize that the Defendant did not take necessary measures to prevent the said traffic danger and disability while recognizing the instant accident, and thus, acquitted the Defendant pursuant to the latter part of
B. However, the above findings of fact and determination by the court below are not acceptable for the following reasons.
The purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on roads, not to restore damage to victims. In such cases, measures to be taken by drivers shall be taken appropriately according to the specific circumstances, such as the details of the accident and the degree of damage, and the extent of such measures shall be taken.