(영문) 춘천지방법원 2018.07.27 2017노1247 | 리걸엔진

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자간(%)

(영문) 춘천지방법원 2018.07.27 2017노1247

도로교통법위반(사고후미조치)

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The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

Defendant. A fine.

Reasons

1. The gist of the grounds for appeal is that the victim, after the shocking of the damaged vehicle, had a defective warning in order to proceed as it is, prevented the Defendant from stopping the Defendant’s vehicle, and told the Defendant to report to the police while resisting the occurrence of the accident, the Defendant proceeded as it is on the ground that the accident is minor.

In light of the overall circumstances at the time, the defendant's act of escape without taking necessary measures is established a crime of violation of the Road Traffic Act (not after the accident).

2. In full view of the following facts and circumstances that can be recognized by comprehensively taking account of the evidence duly adopted and examined by the lower court, the Defendant took measures to ensure safe and smooth flow of traffic by removing traffic risks and obstacles at the time of leaving the scene of the accident.

Therefore, it is difficult to see that the defendant's act constitutes a crime of violation of road traffic law (measures after the accident).

The prosecutor's assertion of mistake is reasonable.

① Although the damage caused by the instant traffic accident is insignificant, in light of the black image of the damaged vehicle, the Defendant was sufficiently aware of the fact that the accident occurred by shocking the right side of the damaged vehicle after the left side of the vehicle at the time (the Defendant’s India Investigation Agency knew of the past contact of the damaged vehicle at the time).

Nevertheless, the Defendant tried to proceed with the damaged vehicle only after the Defendant’s statement.

② The victim resisted that the defendant who intends to proceed as is was able to resist about the occurrence of the accident while putting the enemy, and that the defendant stopped and asked each other to see that the victim will report to the police during that process.

Although the Defendant stated that he did not inform at all his personal information or contact information.

3. Although they are:

유사 판례

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