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(영문) 서울남부지방법원 2016.09.06 2015고정2302
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. The Defendant charged with the instant charges is a person who drives a motor vehicle in the D SP area as a duty.

The Defendant driven the above vehicle around 08:20 on July 10, 2015, and operated the front road of Yeongdeungpo-gu Seoul Metropolitan Government E at a speed of about 20 kilometers a speed of about 20 kilometers a speed of 20 kilometers a speed of 3 lanes in the direction of distribution shopping distance from the original bank.

In such cases, as a driver of a motor vehicle, he/she has a duty of care to take the front door and left door well, and to accurately manipulate the steering direction and brake system so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and contacted the victim F (the age of 33)'s G UidiA4 driver's car volume after the victim F (the age of 33)'s change of course from the three-lane to the two-lane due to the negligence of driving the Defendant.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the victim to have an amount equivalent to KRW 1,200,000 for repairing the damaged vehicle, but immediately stopped and escaped without taking measures, such as aiding the victim.

2. Determination

(a) Articles 148 and 54 (1) of the Road Traffic Act shall not aim at preventing and removing traffic hazards and obstacles and ensuring safe and smooth flow of traffic by promptly ordering a driver, etc. to take necessary measures, such as removing obstacles caused by a traffic accident, but shall not aim at restoring physical damage to victims. In such cases, measures to be taken on the spot by a driver, etc. shall be taken appropriately according to the situation at the scene of the accident, such as the details of the accident and the degree and degree of the damage, and the degree of such measures shall be taken to the extent ordinarily required in light of sound form;

(Supreme Court Decision 2015Do3976 Decided May 29, 2015, and Supreme Court Decision 2014Do16656 Decided March 12, 2015) B.

The records of this case are recognized as follows.

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