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(영문) 서울중앙지방법원 2016.09.28 2016고정1096
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is USFA subject to the USF Status Agreement (SOFA) in Korea, and is a person driving DG car.

1. On 01:10 on 02. 02. 01. 01. 01., the Defendant violated the Road Traffic Act (if the accident occurred, the time of the accident is based on the investigation record 26 pages and the witness J’s legal statement. The time of the accident is based on the two-lanes from the Han River basin in the Han River basin in Yongsan-gu Seoul, Seoul, to the Han River basin in the Han River basin in the Han River basin in the Han River basin in the same direction while the Defendant is driving the two-lanes from the Han River basin in the same direction.

The top part of the cab drive by F and the front part of the driver's seat of the cab driven by the Defendant was shocked, and the above cab was damaged to have approximately KRW 680,298.

After that, the defendant tried to look at the damaged part of the taxi vehicle by hearing the horses "after traffic accident" from F, who followed the passage of a traffic accident, while driving about about about 20 meters in the H T-distance intersection, and followed the signal waiting at the same side of H T-distance intersection.

In this case, the defendant has a duty of care to take necessary measures at the traffic accident site.

Nevertheless, according to the investigation record 24, 31 page, F was found to have been involved in an accident while changing the course from the first lane to the second lane without taking any measure to change the signal of the vehicle signal apparatus at the front section to the green. Therefore, the facts charged were revised to the extent that it does not undermine the defendant's right of defense based on evidence.

However, the duty to take relief measures and duty to report in the event of a traffic accident under Article 54(1) and (2) of the Road Traffic Act shall be interpreted as the duty imposed regardless of the driver’s intentional negligence or illegal illegality of the vehicle that caused the traffic accident, and the said duty shall not be imposed even in the absence of any reason attributable to the occurrence of the relevant accident (see Supreme Court Decision 2015Do12451, Oct. 15, 2015, etc.).

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