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(영문) 수원지방법원 2017.05.12 2016노1668
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the place and time of the instant accident, and the situation at the scene of the accident, it was necessary to take measures under Article 54(1) of the Road Traffic Act, since the risk of traffic danger and interference is very low due to the instant accident caused by the Defendant.

It is difficult to see it.

In addition, even though there were unavoidable circumstances after the occurrence of the instant accident, if the Defendant considered a series of measures taken by the Defendant after the instant accident, the Defendant taken measures to the extent normally required from the perspective of the general public.

As such, the defendant had the intention to take a non-measures after the accident.

It is difficult to see it.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The lower court determined that: (a) considering the fact that (i) the direction of the Defendant’s progress was in a situation where the roads were completely occupied due to traffic accidents caused by the Defendant’s traffic accidents on a one-lane road; (b) the Defendant’s vehicle and damaged vehicle were considerably damaged due to the shock of the traffic accident; and (c) there was a possibility that such non-products had an impact on other vehicles; (b) there was a need to immediately report to the police and deal with the accident; and (ii) if the Defendant was able to run a taxi on a two-lane road at a large time, it was impossible to take appropriate measures, such as reporting to the police by telephone, etc., immediately after the accident, on a large path of 23:30.

As can not be said, considering that the Defendant did not take such a measure and did not take such a measure, the Defendant found the Defendant guilty of the instant facts charged on the ground that he had the intention to take a measure subsequent to the accident.

3. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below.

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