beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: (a) the Defendant did not report to a police agency even though he/she destroyed or damaged a damaged vehicle parked while driving a sea-going vehicle; (b) Article 54(2) of the Road Traffic Act provides for the obligation to report drivers, etc. who caused a traffic accident resulting in death or injury of people or damage to goods due to the traffic of the vehicle; and (c) the proviso of the same Article provides that “the same shall not apply in cases where only the vehicle in operation is obviously destroyed and
However, in the opposite interpretation of the foregoing proviso, a vehicle in operation, i.e., a damaged vehicle, other than a damaged vehicle, has a duty to report at all times to the police office when it is damaged.
On the other hand, the systematic action of police officers is not limited to the case where it is necessary.
Therefore, the judgment of the court below which acquitted the defendant who did not report the damaged vehicle to the police station, was erroneous in the misapprehension of legal principles as to Article 54 (2) of the Road Traffic Act.
2. The main sentence of Article 54 (2) of the Road Traffic Act provides that where a person is killed or injured, or goods are destroyed or damaged by the traffic of a motor vehicle, such as the driving of a motor vehicle, the driver and other crew members of the relevant motor vehicle shall report without delay to the police officer, if the police officer is present at the scene, the place where the accident has occurred, the number of casualties and injuries, the degree of the damaged things, the degree of the damaged things and other measures taken, etc. to the nearest national
Such obligation to report under the Road Traffic Act shall be on the road by immediately notifying a police officer or police office of the occurrence of a traffic accident, and allowing the police officer or police office to take appropriate measures for the relief of victims and the restoration of traffic order.