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(영문) 인천지방법원 2017.01.18 2016노3896
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) was immediately after the accident, and the Defendant stopped immediately after the accident and confirmed the degree of the accident, and told the taxi driver that he reported the accident to drive the taxi in scam and moved to the scam.

2. Determination

A. The purport of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road, thereby ensuring safe and smooth traffic flow, not to restore the victim’s damage. In such cases, measures to be taken by the driver should be adequately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of measures normally required in light of sound cultivation. As such, the victim’s vehicle suffered only minor physical damage and the flaps did not have been scattered on the road.

Even if a person runs away without taking necessary measures, the crime of violation of Article 54(1) of the Road Traffic Act is established (see Supreme Court Decision 2009Do787, May 14, 2009). (b) The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court, are: (i) even though the victim was reported to the Defendant 112; (ii) even though the victim was a bridge after the instant accident, the Defendant was driving his/her vehicle, and (iii) even if the victim was able to do so, the Defendant continued to drive his/her vehicle; (iv) the situation was that the victim could have caused another traffic hazard and obstacle by the reduction of the victim’s escape from the Defendant; and (iii) the Defendant said the victim’s number was stated in his/her own

However, even if the defendant alleged the above facts, such circumstance alone alone that the defendant took necessary measures at the time of the occurrence of a traffic accident.

Comprehensively taking account of the fact that it is difficult to see, although the accident of this case occurred only by minor material damage, mar water on the road.

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