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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant was a person who is engaged in driving a BF car owned by the Defendant. On October 16, 2014, the Defendant driving of the above vehicle around 03:40 on October 16, 2014, and the three adjacent countries located in Gwangju metropolitan City of Gyeonggi-do, located in Gwangju metropolitan City, along the two-lanes of the road be bended along the direction of the road, depending on the direction of the two-lane.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by checking the front side and the left side.
Nevertheless, the defendant neglected to do so and neglected to neglect the situation prior to the death.
The separation zone established in the center of the road has been conflicted on the left side of the defendant's vehicle.
(hereinafter “instant accident”). The Defendant, by negligence in the course of performing his duties, destroyed the unclaimed property of the repair cost.
Although the Defendant damaged another person's property due to the above traffic accident, it was necessary to take necessary measures such as confirming the damage, the Defendant left the Defendant's vehicle on the road without taking any measures, and escaped as it is.
2. Article 54 (1) of the Road Traffic Act provides that "When any person is killed or injured or any goods are damaged by the traffic of any motor vehicle, the driver or any other crew member of the motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as providing assistance to casualties." The purpose of Article 54 (1) of the Road Traffic Act is not to recover the damage to the victim, but to ensure safe and smooth traffic by preventing and removing traffic risks and obstacles that occur on the road, and the measures to be taken by the driver shall be appropriately taken according to 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 sound forms.
(See Supreme Court Decision 2009Do787 Decided May 14, 2009, etc.).