(영문) 대법원 2017.10.26.선고 2017도9828 판결

The guilty portion of the judgment of the court below is reversed, and that part of the case is remanded to the Panel Division of the Seoul Northern District Court.

(c)

Reasons

The grounds of appeal are examined.

1. The purpose of Article 54 (1) of the Road Traffic Act is to pose dangers and obstacles to traffic on roads;

The victims' physical damage to ensure safe and smooth traffic by preventing and removing them;

The measures to be taken by the driver in such a case shall not be intended to recover from the accident.

and to the extent that it is reasonable in accordance with the specific circumstances, such as the degree of injury and injury, and the extent

level required in light of form (see, e.g., Supreme Court Decision 2002Do22, Oct. 22, 2002)

452 see, e.g., Supreme Court Decision 4452

2. The reasoning of the lower judgment and the evidence duly admitted reveal the following.

A. On April 16, 2016, the Defendant driving a passenger car as indicated in the lower judgment (hereinafter referred to as “passenger”) around 01:00.

Before Nowon-gu in Seoul Special Metropolitan City, the 3-lane road in front of the Taelleel's village located in 681

From the opposite side to the elle's village, she has entered a two-lane and has entered the two-lane;

Part of the left-hand side of the taxi operated by a victim (hereinafter referred to as "victimd vehicle") under way;

Accidents causing damage to damaged vehicles (hereinafter referred to as "accidents in this case") by shocking on the right side part.

was made.

B. However, the degree of flag, flag or licking on each shock part of the harming vehicles and damaged vehicles

As a result, the accident occurred on the road immediately after the accident.

Products did not have been produced, and 350,178 won of the cost of repairing the damaged vehicle due to the instant accident, which was among them.

The stamp is 195,00 won.

C. Following the instant accident, both the victim and the Defendant bring about a vehicle at the edge of the road.

The victim has moved to a side and stopped in front and rear, and the number of the vehicle after the damaged vehicle is left behind.

The defendant was entered in the pocket book, and the defendant confirmed the damaged part between two vehicles that were landed from the vehicle and avoided;

The dialogue between the sea and the accident circumstances was divided, and the passenger of the damaged vehicle was able to do so.

was made.

(d) thereafter passengers of the damaged vehicle get on and off another taxi without particular needs;

The defendant and the victim have dialogueed about the course and process of the accident, and approximately 10 years from the time of the accident.

Around the time of decentralization, the victim made his/her speech that he/she is not a drinking driver and suffered a mobile phone.

The defect, the defendant's face and restrains the victim's face due to his/her hand and the victim's face.

A vehicle shall drive and leave the site.

E. As above, the victim reported to cellular phone when she was assaulted by the Defendant.

After the defendant left, he was driving a damaged vehicle and found the Seoul Nowon Police Station to report an accident.

on the basis of the number of the vehicle provided by the victim and the increase of the driver.

In other words, the driver of the sea-going vehicle could be identified as the defendant.

F. Meanwhile, there is a need for a stable price for about two weeks to the police due to the border, the mouth and the mouth of the mouth.

at the first instance court, the first instance court submitted a medical certificate to the effect that it is an assault rather than a traffic accident.

Because of this, I stated that it was submitted.

3. Circumstances leading up to and details of the accident, injury of the victim, and circumstances revealed in the above facts

Do, degree of damage of damaged vehicles, circumstances after the accident in this case, and in particular, the accident scene in this case;

The traffic of other vehicles by moving a sea-going vehicle and damaged vehicle immediately after the accident had no fugitives.

It seems that there was no particular obstacle to the victim, and due to the injury of the victim, etc. to the defendant; and

Considering the circumstances that do not cause any danger or impediment to traffic in light of the aforementioned legal principles

In the examination, the defendant shall prevent and remove any danger and obstacle to traffic at the time of leaving the site of the accident of this case.

required to take measures to ensure the safe and smooth flow of traffic

It is difficult to determine.

4. Nevertheless, the lower court reversed the Defendant’s damage by shocking the damaged vehicle due to the instant accident.

The facts charged in this case are determined that the necessary measures have not been taken despite the fact

In this regard, the lower court found the Defendant guilty on the violation of the Road Traffic Act (not in the case of accident).

In case of a traffic accident under Article 54 (1) of the Road Traffic Act, a driver shall take such action.

In so determining, the lower court erred by misapprehending the legal principles on measures.

5. Therefore, of the judgment below, the part concerning the crime of violation of the Road Traffic Act (unclaimed Measures after Accidents) shall be reversed.

There is reason to believe that this part is guilty, and the injury and injury of Article 37 of the Criminal Code

Since one sentence was rendered in relation to concurrent crimes, the entire conviction part of the judgment below is reversed, and

The case shall be remanded to the court below for a new trial and determination, and all Justices who reviewed the case shall be remanded to the court below.

It is so decided as per Disposition by the assent of all participating Justices.