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(영문) 대구지방법원 2016.05.26 2015노3026
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The duty under Article 54(1) of the Road Traffic Act, which is a summary of the grounds for appeal, is imposed, regardless of whether the driver who has caused the traffic accident was negligent, on the part of the driver who has caused the traffic accident. Therefore, even if the defendant was not negligent in the accident of this case on the road, a crime of violating the Road Traffic Act is established as long as the defendant runs on the

2. The summary of the facts charged is a person who is engaged in driving a motor vehicle with detached motor vehicle B.

On February 25, 2015, the Defendant driven the above car at around 05:15, and moved the front road of an international officetel located in Daegu Dong-gu Daegu-gu into the dong-gu basin of new world construction site.

At that time, C operated a D K5 car and failed to secure safety distance by following the Defendant’s above vehicle by driving the D K5 car, and by failing to secure safety distance, it received the Defendant’s back part of the above K5 car as the front part of the said K5 car.

Ultimately, the Defendant, in the foregoing traffic accident, parked immediately and did not stop and take necessary measures after the accident, and escaped without setting up the Defendant’s passenger car, even though the fronter, who caused the above K5 passenger vehicle in C to fall under the repair cost of KRW 350,000.

3. The lower court, on the ground that the Defendant was only the victim of the instant accident, and the Defendant did not perform his/her duty under Article 54(1) of the Road Traffic Act, and thus, did not constitute a crime of violating the Road Traffic Act (the measures not yet taken after the accident) against the Defendant

The decision was determined.

4. Determination on whether a deliberation was made

A. The duty to take relief measures and duty to report in the event of a traffic accident provided for in Articles 54(1) and 54(2) of the Road Traffic Act shall be ordered to promptly take necessary measures, such as providing a driver, etc. with assistance to casualties caused by a traffic accident, when any person is killed or injured or damaged by a vehicle due to the traffic of the vehicle, and shall promptly inform the police officer of the occurrence of the traffic accident and provide relief to the victim.

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