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(영문) 수원지방법원 성남지원 2016.06.08 2016고정230
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. Defendant B is a person engaging in driving service of m5 passenger cars charged.

On October 16, 2015, the defendant driving the above vehicle around 08:30 on October 16, 2015, and driving the front road of Gwangju-si in Gyeonggi-do at the early right speed toward the white-mast tunnel.

In this case, the driver of a motor vehicle has a duty of care to check and proceed with the safety of course by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and caused damage to the part of the victim’s vehicle so that the amount of repair cost would be approximately KRW 2,65,000,000 due to the collision between the right side of the vehicle driven by the Defendant due to the sudden discovery of the e-mail passenger car driven by the victim D ( South, 57 years old) and the e-mail passenger car driven by the Defendant at the right side of the vehicle.

If the above traffic accident causes damage to another person's property, the defendant immediately stopped and confirmed the degree of damage and took other necessary measures. However, the defendant did not take any measures and left the scene of the accident.

2. The purport of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road, thereby ensuring safe and smooth traffic flow, not to restore the victim’s damage. In such cases, measures to be taken by the driver are to be adequately 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 2012Do14, Mar. 14, 2013). The following circumstances acknowledged by the record are (i) the Defendant’s act of shocking the difference between the victim’s vehicle so that the repair cost amounting to KRW 265,00,000 is high, but the by-products of the driver is not removed on the road.

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