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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the crime of violation of the Road Traffic Act (unnecessary measures after accidents) is established due to the occurrence of traffic hazards and obstacles, since the defendant did not take necessary measures even after destroying the damaged vehicle due to the mistake of facts and misapprehension of legal principles, the court below erred by misapprehending the legal principles and acquitted the defendant.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unjustifiable.
2. Determination:
A. With respect to the assertion of mistake of facts and misapprehension of legal principles, the purpose of Article 54(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles on the road, and not to recover the physical damage of the victim. In such cases, measures to be taken by the driver on the road shall be appropriately taken according to the situation of the accident scene, such as the contents of the accident, the mode and degree of damage, etc., and the degree of such measures means measures to the extent ordinarily required in light of sound form.
(See Supreme Court Decision 93Do2346 delivered on November 26, 1993, Supreme Court Decision 2002Do6957 delivered on February 28, 2003, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court are as follows. The instant accident was destroyed by shocking and damaging a damaged vehicle that was parked on the front road of the house while the Defendant was moving back. As a result, the part of the damaged vehicle was dried up and partly cut off, and the traffic risks and obstacles were not caused, such as scattering of the vehicle on the road. At the time, the damaged vehicle did not board, and the victim did not report the instant accident in the surrounding area, and in fact the Defendant parked his vehicle at a place less than 200 meters away from the scene of the accident and left it again or left it away without any delay.