Whether a driver who has left the scene where the accident is about to be known to his/her parents after the accident (affirmative)

A driver is obligated to immediately stop a person while driving and take necessary measures, such as providing assistance to casualties, so long as he/she leaves the scene of the accident without taking such measures, he/she shall not be exempted from the responsibility of violating measures, such as relief, etc., even though he/she left the scene of the accident where he/she intends to inform his/her parents of the occurrence of the accident and take follow-up measures.

Article 45 (1) of the Road Traffic Act

Defendant

Defendant

Attorney Dog-gu

Seoul High Court Decision 84No461 delivered on April 20, 1984

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

The grounds of appeal by the defendant and the public defender are also examined.

According to the evidence cited by the court below, the defendant, while driving a truck without the driver's license as at the time of original judgment, had the victim shocked due to the negligence of the driver's negligence, and had the victim escape without taking necessary measures, such as aiding and abetting the bodily injury, etc., and the fact that the above victim caused the death at the site is sufficiently recognized and there is no error in the process of evidence preparation.

The issue is that the defendant does not escape from the scene of the accident that he/she intends to inform his/her parents of the occurrence of the accident and take follow-up measures. However, according to the Road Traffic Act Article 45 (1) of the Road Traffic Act, the driver is obligated to immediately stop and take necessary measures such as providing assistance to casualties when he/she killed or injured a person during driving, so it is unreasonable to be exempted from the charge of violating measures such as providing relief, etc. unless he/she leaves the scene of the accident without taking

Therefore, the appeal shall be dismissed, and 40 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee Sung-soo (Presiding Justice)