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(영문) 서울중앙지방법원 2017.07.20 2017노735
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

misunderstanding the facts as to the summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles, and Sentencing) of the Road Traffic Act (in the event of an accident), and misunderstanding of the legal principles, the Defendant did not take all the measures to be taken by the driver at

However, the judgment of the court below which acquitted the driver is erroneous in the misapprehension of legal principles as to the necessary measures after the accident under Article 54 (1) of the Road Traffic Act.

The punishment of the court below (1.5 million won) which is unfair in sentencing is too unhued.

The lower court’s determination on the assertion of misunderstanding the legal principles as to the violation of the Road Traffic Act (unnecessary Measures after Accidents) and misapprehension of the legal doctrine on the ground that ① the degree of accidents is insignificant since there was no strike, etc. causing interference to traffic at the time, ② the collision between the Defendant and the damaged vehicle caused damage to the damaged vehicle, ② the operation of the damaged vehicle was possible, ③ the driver of the damaged vehicle, and ③ the driver of the damaged vehicle, thereby causing danger to traffic by the vehicle alone.

On the ground that it is difficult to see, at the time, there was a need to take measures to ensure smooth traffic by removing danger and obstacle to traffic.

It is difficult to see

Based on the judgment of the court, the facts charged were pronounced not guilty.

The defendant's defense of the judgment of the court below was changed in the police and the court of original trial as follows.

The police level: The Defendant’s own disturbance was terminated on the road that the Defendant had no driving cost on the day to go to the front of the Han Bank Party, and all knife knife knife knife knife knife knife, etc., without recognizing the accident by spacking around the knife, etc., and 500 meters in an intentional way. On the other hand, the driver of the damaged vehicle stopped by getting off the vehicle (Evidence No. 28, 36, 38 of the evidence record). The court below’s court below: The place of contact was not a one-way, but a knife knife k

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