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(영문) 춘천지방법원 2015.05.13 2014노125
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant does not pay a fine.

Reasons

1. The summary of the grounds of appeal (in fact-finding and misapprehension of legal principles) is as follows: (a) the court below acquitted the Defendant, who escaped after the accident in this case, on the charges of this case, even though there is sufficient possibility that the occurrence of the second accident may cause danger and impediment to road traffic, such as the occurrence of the second accident; and (b) thereby,

2. Determination

A. The purport of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles that occur on the road to ensure safe and smooth traffic, and not to recover the physical damage of the victim. In this case, measures to be taken by the driver at the site should be appropriately taken according to the circumstances in the accident scene, such as the content of the accident and the degree and degree of damage, and the degree of such measures must be taken to the extent ordinarily required in light of the sound form (see, e.g., Supreme Court Decision 2007Do1738, Oct. 11, 2007). The vehicle is resumed in a situation where the defendant did not take any measures, such as giving contact to the victim after the accident, and the victim is believed to flee, and the victim may drive the vehicle and cause new traffic hazards and obstacles if the victim is followed by the defendant.

Therefore, it should be viewed that the defendant's failure to take necessary measures under Article 54 (1) of the Road Traffic Act constitutes a violation of Article 148 and Article 54 (1) of the Road Traffic Act.

(See Supreme Court Decision 2006Do2808 Decided July 27, 2006, and Supreme Court Decision 2008Do519 Decided May 29, 2008, etc.). B.

Whether the defendant was negligent in the occurrence of the accident of this case or not is based on the witness D and F's each legal statement, witness D and I's each legal statement and investigation agency, and evidence duly adopted and examined by the court below and the trial court.

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