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(영문) 대전지방법원 2014.03.28 2013고정2092
교통사고처리특례법위반등
Text

1. Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (hereinafter “accident”) is not guilty. 2. Of the facts charged in the instant case

Reasons

Parts of innocence

1. The summary of this part of the facts charged is that the Defendant is a person who is engaged in driving of the BM vehicle. On August 22, 2013, the Defendant did not take necessary measures such as immediately suspending a traffic accident that causes damage equivalent to KRW 346,276, and immediately suspending the repair of the damaged vehicle and confirming damage damage caused by failure to take necessary measures, while driving the said vehicle at around 22:31 on August 22, 2013 to the west-gu University located in the Daejeon Pung-gu University University, Daejeon hot Spring University.

2. The purport of Article 54 (1) of the Road Traffic Act is to prevent and eliminate traffic dangers and obstacles occurring on roads to ensure safe and smooth traffic flow, not to restore victims' damage. In such cases, measures to be taken by drivers shall be taken appropriately according to specific circumstances, such as the details of accidents and the degree of damage, and the degree of such measures shall be taken to the extent ordinarily required in light of sound cultivation;

(see Supreme Court Decision 2012Do1414, Mar. 14, 2013). According to the records of this case, the degree of damage of the damaged vehicle caused by the instant traffic accident did not have been scattered from the damaged vehicle, and there was only a trace that the Defendant’s driver’s license plate was dead (it may not be known at night at the time of the accident at the time of the accident). At the time of the accident, the victim C did not have any credit and suffered any injury that impedes daily life, and thus, the victim C did not have any special need to take relief measures. While the Defendant left the scene of the accident, the Defendant’s driver’s license number was Handphone.

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