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(영문) 수원지방법원 2014.09.18 2014노4162
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. ex officio determination of ex officio, this paper examines the Defendant’s violation of the Road Traffic Act among the facts charged in the instant case.

A. On April 15, 2014, around 15:15, the Defendant: (a) was engaged in driving a marina car, and (b) was driving a car in the direction of a cryp in the direction of the development of the cryp road in front of the cryp road located in the waterside of the Sinsung-si, the Defendant changed the lane while driving the cryp.

In such cases, there was a duty of care to inform the driver of the direction, etc. in advance, and to accurately operate the steering gear and change the lane.

Nevertheless, the Defendant neglected this and neglected to change the lane to the right side of the vehicle, and received the part of the left side side of the Esanp car driving by the victim D, who is in the atmosphere of the signal at the two-lanes, into the right side of the said Emp car.

(hereinafter “instant traffic accident”). Ultimately, the Defendant did not immediately stop and take necessary measures even after destroying and damaging the said car by occupational negligence.

B. The purpose of Article 148 and Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic hazards and obstacles and ensure safe and smooth traffic by requiring a driver, etc. to promptly take necessary measures, such as removing obstacles caused by a traffic accident, and thereby not to recover physical damage to the victim. In such cases, the measures to be taken on the site by the driver shall be appropriately taken according to the situation at the scene of the accident, such as the details of the accident and the degree and degree of the damage, and the degree of such measures shall be taken to the extent ordinarily required in light of sound form.

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