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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the violation of the Road Traffic Act (the violation of the provisions of the Road Traffic Act) and the Defendant took all measures after the accident, such as confirming whether the victim E had the victim E come to the side, immediately after the accident in this case. The Defendant suffered from ordinary high blood pressure and urology. The patient suffered from ordinary high-tension and urology, but only left the site by finding public telephones in order to go to the hospital immediately before the shock of the accident, and not leaving the site without permission. The judgment of the court below which found the Defendant guilty of the non-measures after the accident was erroneous. (2) The judgment of the court below which found the Defendant guilty of the non-measures after the accident was erroneous. (2) The punishment (the fine of KRW 2 million) by the court below is too unreasonable
B. The judgment of the court below which acquitted the defendant on this part of the charges is erroneous in the misapprehension of the legal principles, even though the blood alcohol concentration of the defendant was calculated in the most favorable manner against the defendant and calculated through the Radmark meritorious formula.
2. Determination
A. Determination of misunderstanding of facts or misunderstanding of legal principles 1) Article 54(1) of the Road Traffic Act provides that the driver or other crew of a vehicle shall immediately stop and take necessary measures such as aiding and abetting casualties when the driver or other crew of the vehicle causes death or injury to people or damage to goods due to the traffic of the vehicle, such as driving of the vehicle.
The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth traffic flow, not to restore damage to victims. In such cases, measures to be taken by drivers shall be appropriately taken according to specific circumstances, such as the details of accidents and the degree of damage, and measures to the extent that such measures are ordinarily required in light of sound forms.
I would like to say.
Supreme Court Decision 200