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(영문) 제주지방법원 2013.05.30 2012노509
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the Reasons for Appeal is that the accident in this case was very minor due to a simple contact accident and there was no intention to commit an escape, because the accident in this case did not have any intention to commit an escape.

Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The purport of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic dangers and obstacles occurring on roads to ensure safe and smooth traffic flow, not to restore victims' damage. In such cases, measures to be taken by drivers shall be taken appropriately according to specific circumstances, such as the details of accidents and the degree of damage, and the degree of such measures shall be taken to the extent ordinarily required in light of sound cultivation;

I would like to say.

(See Supreme Court Decision 2009Do787 Decided May 14, 2009, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below of the court below (see, e.g., Supreme Court Decision 2009Do787, May 14, 2009). The defendant stated that the defendant did not confirm whether there was any damage, such as stopping, etc. while driving a vehicle with the vehicle driving the vehicle, and stopping the vehicle, etc.; ② the defendant did not take any measures to the same effect as he did so at the police investigation stage; ② the damage was insignificant at the time and knew the other party and the driver; and (3) the defendant was aware of the accident of this case in consideration of the circumstances surrounding the statement and the occurrence of this case, and degree of damage; ③ although the damaged vehicle suffered minor physical damage and was not scattered on the road, the damaged vehicle stopped immediately after the shock of the vehicle; and ④ the operation of the vehicle after the escape of the victim and the victim did not stop.

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