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(영문) 수원지방법원 안산지원 2015.11.18 2015고정1401
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

When any person is killed or injured or any goods are damaged by traffic, such as driving of any motor vehicle, the driver of any motor vehicle shall immediately stop the motor vehicle and take necessary measures to provide assistance to casualties.

On July 15, 2015, at around 23:30, the Defendant: (a) driven the city bus for interesting transport in Ansan-si, while driving about about 31:40km each hour of the road in front of the Dong-gu, Ansan-si, Ansan-si; (b) neglected to perform the duty of the front left by negligence, and damaged the part of the F1.8 tons of truck vehicles owned by the victim E, which was parked on the right side of the moving direction, as the front part of the said city bus.

Nevertheless, the defendant immediately stopped and left the scene without taking necessary measures.

Summary of Evidence

1. Defendant’s partial statement (as long as Defendant and his/her defense counsel take necessary measures to leave his/her contact address at the latest without a night after a traffic accident and take other necessary measures, the crime of violating the Road Traffic Act is not committed against Defendant. Article 54(1) of the Road Traffic Act provides that the driver and other crew members of the relevant vehicle shall immediately stop the vehicle and take necessary measures, such as providing relief to casualties when killing or injuring people or destroying things due to the traffic of the vehicle, such as driving of the vehicle. The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic danger and obstacles that occur on the road, thereby ensuring safe and smooth traffic, and not to recover the victim’s damage. In such cases, the measures to be taken by the driver shall be taken in accordance with the specific circumstances, such as the details of the accident and the degree of damage, and the degree of such measures shall be taken to the extent ordinarily required in light of the sound form (see, e.g., Supreme Court Decision 200Do787, May 14, 2009).

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