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Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (hereinafter referred to as the “accident”) is acquitted. Of the facts charged in the instant case.
Reasons
1. The summary of the facts charged is that the Defendant, as a driver of the vehicle of CM3 vehicle capacity on January 13:20, 2012, started after inserting fuel into the said vehicle at the Busan Shipping Daegu Oil Station. At this point, the Defendant: (a) was within the oil station in the city of Busan; and (b) in such a case, a person engaged in driving a vehicle was obliged to accurately operate the steering gear and brakes so as to prevent the vehicle from suffering from the vehicle parked at the slope, and then, (c) even though he was negligent in neglecting such duty of care so that the Defendant’s vehicle was immediately pushed down with the vehicle parked at the slope; (d) the Defendant’s vehicle was damaged by the Defendant’s vehicle of EM3 vehicle without being able to immediately drive the vehicle after the bus of the Defendant; and (e) the Defendant’s vehicle of EM 1 was damaged by the Defendant’s vehicle of EM 1 while taking necessary measures such as the victim’s vehicle of EM 2, the latter part of EM 3 vehicle of EM 2.
2. Determination
A. Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides relief to a victim under Article 5-3 (1) of the Road Traffic Act and the "if a driver of an accident does not take measures under Article 54 (1) of the Road Traffic Act" under Article 148 of the Road Traffic Act shall be confirmed to be the person who caused the accident, leaving the scene of the accident before the driver performs his duty under Article 54 (1) of the Road Traffic Act, such as aiding the victim, although he knows the fact that the victim was killed or injured due to the accident and the fact that the article was damaged.