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(영문) 서울남부지방법원 2014.03.28 2013노2049
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with the Defendant’s vehicle, tried to move the victim’s vehicle to a level of 10 meters immediately after the collision, stop the vehicle and stop the vehicle, and take measures to cope with the occurrence of the accident. The Defendant, while driving the vehicle with the driver of the damaged vehicle and the driver of the damaged vehicle, scambling the Defendant’s vehicle, or driving the vehicle at the seat of the Defendant who was in the neighborhood by driving the vehicle, scambling the Defendant’s vehicle with a view to getting out of the scene, does not deviate from the scene with the intention to escape from the beginning.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) Article 54(1) of the Road Traffic Act provides that the driver or any other crew member of a vehicle shall immediately stop the vehicle when the driver or any other crew member causes the death or injury of another person or damage to goods due to the traffic of the vehicle, such as driving of the vehicle. The purport of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic danger and obstacles on the road, and not to recover the damage to the victim. In such a case, measures to be taken by the driver are to be taken according to specific circumstances, such as the content of the accident and the degree of damage, and measures to the extent ordinarily required in light of sound form (see, e.g., Supreme Court Decision 2009Do787, May 14, 2009). Such measures include the identity of the driver involved in the traffic accident, such as the victim or the police officer, and the defendant duly adopted the traffic accident at the Intersection, based on the evidence duly adopted by the court below.

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