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(영문) 서울남부지방법원 2016.05.18 2016고정464
도로교통법위반(사고후미조치)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person engaging in driving a B rocketing car.

On July 24, 2015, the Defendant driven the above car at around 04:00, and driven the three-lane road in front of the 2nd apartment of the Hyundai Home City, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, 455 Do-ro, along the two-lanes from the long distance to the e1-LPG charging station.

At the time, the accident was done at night, and the transition of the front door, so there was a duty of care to prevent the accident in advance by accurately manipulating the front door and the steering system for the driver of the motor vehicle.

Nevertheless, the CCTV pole installed on the right side of the Defendant’s vehicle in the direction of the driving by negligence without accurately operating the steering direction and brake system without neglecting it, is taken into two-lanes of the street pole managed by the victim Young-gu Office installed in the front report while continuing to proceed.

Ultimately, the Defendant destroyed the property to be in excess of 144,00 won for repairing street lamps by negligence in the course of performing the above duties and left the scene without immediately stopping and taking necessary measures.

2. Determination

(a) Article 54 (1) of the Road Traffic Act shall, when any person is killed or injured, or any goods are damaged by the traffic of a motor vehicle, such as driving of the motor vehicle, etc., immediately stop the motor vehicle and take necessary measures, such as providing assistance to casualties;

As stipulated in the above provision, "A person who has killed or injured a person or damaged goods," the driver himself/herself and the driver of the vehicle who has driven shall be excluded from the goods "A person" (see Supreme Court Decision 79Do444 delivered on April 10, 1979). Meanwhile, Articles 148 and 54 (1) of the Road Traffic Act are due to traffic such as driving of vehicles.

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