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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the facts charged is the Track driver, who is a Tracker, driving the Tracker on the road in front of the Dcafeteria in Chuncheon-si, around 17:40 on October 20, 2014, while driving the Tracker on the road in front of the D motor vehicle in Chuncheon-si, while under the influence of alcohol, lacing the front right side of the E motor vehicle which was parked in the traffic signal while driving the Tracker, thereby damaging its repair cost of KRW 506,966, without immediately stopping and taking necessary measures.
2. Determination
A. Article 54(1) of the applicable legal doctrine provides that the driver, etc. of a vehicle shall immediately stop the vehicle and take necessary measures, such as providing assistance to casualties in the event of death or injury caused by the traffic of the vehicle, such as driving of the vehicle, etc., and Article 148 of the Road Traffic Act provides that a person who fails to take measures at the time of the occurrence of a traffic accident under Article 54(1
On the other hand, the crime of violation of Article 50 (1) of the Road Traffic Act (Article 54 (1) of the current Road Traffic Act), which is established when the person in charge of such act, is an intentional crime that requires the person in charge of such act to be aware of the fact of killing or injuring people or destroying goods as a driver or any other crew member who killed or damaged people or damaged goods due to the traffic of a vehicle, and the purpose of Article 50 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic danger and obstacles that occur on the road, and to ensure safe and smooth traffic by recovering or removing the physical damage to victims.
(Supreme Court Decision 9Do3140 delivered on November 12, 1999). B.
A detailed examination was submitted as evidence of the defendant's statements in the court and police, F's statement, actual situation investigation statement, the driver of the damaged passenger vehicle, the occurrence of the case of the violation of the Road Traffic Act, arrest report, and estimates.
First of all, the defendant is driving the damaged car and the defendant who was standing at the time of the police.