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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.06.29 2016노4382
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the collision, left the scene of the accident without knowing the collision.

B. Legal principles did not fall on the road, and since the victim did not conceal the vehicle (the Defendant driven) by sea, it does not constitute a crime of violating the Road Traffic Act (the measures not taken after the accident).

(c)

Sentencing is unfair because the sentence of the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below’s duly adopted and investigated evidence, namely, the damaged vehicle and the damaged vehicle’s degree, the movement of the damaged vehicle after the accident, etc., it can be sufficiently recognized that the Defendant was aware of the vehicle collision.

The defendant's assertion of facts is without merit.

B. The purport of Article 54(1) of the Road Traffic Act to determine the misapprehension of the legal principle is to prevent and eliminate traffic risks and obstacles occurring on the road to ensure safe and smooth traffic. The measures to be taken by the driver shall be appropriately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures shall be taken to the extent normally required in light of a sound form. If a driver who caused the traffic accident leaves the site immediately after the accident without notifying the victim of his/her personal information or contact details despite his/her control, if the driver who immediately drives the vehicle after the accident and leaves the site without notifying him/her of his/her personal information or contact details, it is difficult to see that he/she has taken all necessary measures as stipulated in the above Act in that it may cause other traffic dangers and obstacles due to the subsequent driving of the victim who is anticipated to restrain or drive the vehicle. This is the case where the damaged vehicle suffers a minor physical damage due to the accident.

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