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(영문) 수원지방법원 2016.11.24 2016노2789
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles - Violation of the Road Traffic Act (U.S.) provides that vehicles destroyed by the instant traffic accident did not remain on the road at all, and there was no risk of traffic damage, etc. newly occurring due to the said accident. Thus, it cannot be deemed that the Defendant necessary to take measures in accordance with the provision of Article 54(1) of the Road Traffic Act.

Therefore, despite the fact that the defendant did not take a measure after the above accident and left the scene of the accident, the court below found the defendant guilty of this part of the facts charged, which erred by misapprehending the legal principles or misunderstanding the facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. The purport of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles that occur on the road, and not to restore damage to the victim. In such a case, measures to be taken by the driver shall be appropriately taken according to the 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). If a driver who has caused a traffic accident leaves the site immediately after the accident without notifying the victim of his/her personal information or contact details despite his/her control, the driver is not only driving the above escape, but also driving the vehicle in question in order to ensure the safe and smooth traffic by preventing and removing the traffic risks and obstacles that occur on the road, and in such a case, the measures to be taken by the driver shall be taken as well as measures to the extent ordinarily required in light of sound form.

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