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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (fine 5,000) is too unreasonable.
2. Ex officio determination
A. The court below found the Defendant guilty of all the facts charged of this case. We examine the grounds for appeal of the Defendant, prior to the violation of the Road Traffic Act (the measures not taken after the accident).
B. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic, not to recover the physical damage of victims. In this case, measures to be taken by drivers on the road shall be appropriately taken according to the situation of the accident scene, such as the contents of the accident and the degree and degree of damage, and the degree of measures to be taken by drivers on the road refers to measures to the extent ordinarily required in light of sound form.
(See Supreme Court Decision 2006Do7656 Decided March 29, 2007). C.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the accident of this case occurred when the defendant tried to have a cell phone caused by the mobile phone while driving on behalf of the person in charge and moving to the house; ② the defendant and the victim moved each vehicle to a restaurant on the right side of the road (I) parking lot after the occurrence of the accident; ③ the victim asked the victim as to whether he is punished. ③ The victim "I drank. I dam while driving the drinking," and the defendant confirmed that "I dam at the sexually," and the victim confirmed that "I dam at the sexually," and the victim confirmed that "I dam at the sexually," and the victim respondeded to the scene of the accident of this case without giving contact to the defendant while the victim talked about the scene of the accident of this case.