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(영문) 수원지방법원 2015.10.21 2015고단2382
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the driver of Branchise car.

On February 23, 2015, the Defendant, while entering the parking lot bypassing the front road of the ‘D Real Estate C' located in the wife population C at Chicago-si on February 23, 2015, the Defendant, who received the victim E's toilet board from the front part of the front part of the steering force, destroyed the repair cost of KRW 8,409,000 and escaped without taking any measures.

2. Article 148 of the Road Traffic Act provides that a person who has not taken a measure at the time of occurrence of a traffic accident under Article 54(1) of the same Act shall be punished.

However, the purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles that occur on roads, and not to recover damage to victims.

According to the records, the location of the accident in this case is part of the passage into which the victim's DNA parking lot was entering the victim's DNA real estate behind the accident, and the defendant did not take any measures after receiving the outer wall board of the toilet at night while passing the above passage, and left the scene of the accident without taking any measures. Although the above accident was damaged, the board of the toilet outer wall board was damaged by the above accident. However, the board of the above accident was obstructed by leaving the toilet inside the toilet, and it was found that there was no traffic obstacle even in the traffic accident report of this case (on-site investigation report). In light of the situation of the above accident site, the background and degree of the accident, the form and degree of the damage of the toilet board, the situation of the passage after the accident, etc., it is difficult to view that the defendant was necessary to take measures to prevent and remove traffic danger and obstacles and to ensure smooth traffic flow when leaving the scene of the accident in this case, and there is no evidence to recognize it differently.

If so, this.

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