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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of three million won.
The defendant above.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is insufficient to view that a crime of violating the Road Traffic Act (unnecessary measures after an accident) was committed on the part of the Defendant regarding the violation of the Road Traffic Act (the act of improper action after an accident) among the facts charged against the Defendant.
Therefore, among the facts charged against the defendant, the defendant's violation of the Road Traffic Act (pre-accident of accident) should be pronounced not guilty on the ground that there is no proof of crime, but on the other hand, the court below found the defendant guilty. Therefore, there is an error of law that affected the conclusion of the judgment by misunderstanding facts
① The purpose of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic dangers and obstacles on roads to ensure safe and smooth flow of traffic, and not to recover victims’ material damage. In such cases, whether a driver has fulfilled necessary measures under the above provision shall be determined depending on whether the driver has taken measures to the extent ordinarily required for our sound cultivation in light of the situation of the accident scene, such as the content of the accident, the mode and degree of damage, etc. (see, e.g., Supreme Court Decisions 2003Do499, Dec. 26, 2003; 2002Do4452, Oct. 22, 2002).
(3) The Defendant, who is a driver of another vehicle, is aware of the fact that a police officer is working in a fluent relationship with C, who is a driver of another vehicle, will leave C, who will leave C, a vehicle to the neighboring car center.
After the end of this year, the driver has been driving his vehicle, and C has taken the place in particular.