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Text
The judgment below
Part of acquittal shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall be imposed on the defendant.
Reasons
Article 54(1) of the Road Traffic Act does not require the occurrence of scatterings, the existence of the possibility of confiscing, and the occurrence of new traffic dangers and obstacles. Thus, even if the accident in this case was insignificant and there was no fugitives on the road, it cannot be readily concluded that there was no need to take measures to ensure smooth traffic by preventing and removing traffic dangers and obstacles, and that there is a possibility of confiscing C, the lower court acquitted the facts charged in this case, by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.
Judgment
The purpose 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. The measures to be taken by drivers shall be appropriately taken according to specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures means measures to the extent ordinarily required in light of sound form.
Therefore, if a driver who caused a traffic accident drives a vehicle immediately after the accident without notifying his/her personal information or contact details, and leaves the site, he/she shall not be deemed to have taken necessary measures as prescribed by the above Act in that it may cause another traffic danger and trouble due to the victim's shock driving, which is anticipated to restrain or drive away, as well as the operation of the above escape itself, and it shall not be deemed to have taken all necessary measures as prescribed by the above Act, and it shall not be said that the damaged vehicle suffered a minor physical damage due to the accident, and the fla
Even if there are no other special circumstances, the same applies to those cases.
Supreme Court Decision 93Do2346 delivered on November 26, 1983