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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles and the circumstances, such as the background of the instant accident, the Defendant’s speech and behavior after the instant accident, and the degree of damage to the damaged vehicle, the Defendant did not have to take measures under Article 54 subparag. 1 of the Road Traffic Act since there was no danger or impediment to traffic due to the instant accident. However, the lower court erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.
2. Determination
A. The purport of Article 54(1) of the Road Traffic Act regarding the assertion of misapprehension of legal principles is to prevent and eliminate traffic risks and obstacles on the road, thereby ensuring safe and smooth traffic, and it is not to recover the physical damage of the victim. In this case, the 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 contents of the accident, the mode and degree of damage, etc., and the degree of such measures must be taken to the extent ordinarily required in light of 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 information 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 shall be deemed to constitute a violation of Article 106 and Article 50 (1) of the Road Traffic Act by failing to take necessary measures under Article 50 (1) of the Road Traffic Act.
(See Supreme Court Decision 2006Do2808 Decided July 27, 2006). However, the following facts are acknowledged based on the evidence duly adopted and examined by the court below.