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(영문) 서울남부지방법원 2018.04.27 2018고정112
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who drives a BMW car for business purposes.

On July 2, 2017, at around 02:39, the Defendant straighted back a backway that is not divided into two lanes in front of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu at a speed that is impossible to know in the direction of E building from the surface of D apartment.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear of the vehicle, and by accurately manipulating the steering system and steering gear of the vehicle.

Nevertheless, the Defendant neglected such duty of care and continued to run only on the right side of the vehicle driving in the direction of the victim F, which was parked on the right side of the vehicle driving, received the back part of the passenger car flow in front of the vehicle under consideration.

Ultimately, the Defendant caused the above occupational negligence to damage the amount of goods equivalent to KRW 4,756,00 in the amount of the G-WW car owned by the victim F ( South Korea, 37 years old) and left the site without taking any measures.

2. Determination

A. Articles 148 and 54(1) of the Road Traffic Act provide that a driver, etc. shall promptly take necessary measures, such as removal of obstacles caused by a traffic accident, in the event of damage to goods due to the traffic of a vehicle, such as driving of a vehicle, to ensure safe and smooth traffic by preventing and removing traffic hazards and obstacles, and not to recover physical damage to the victim. In this case, measures to be taken by a driver at the site shall be appropriately taken according to the situation at the scene of the accident, such as the details of the accident and the degree and degree of the damage, and the degree of measures normally required in light of a sound form (see, e.g., Supreme Court Decision 201Do4936, Aug. 23, 2013). (b) The following circumstances acknowledged by a legitimate examination of evidence by this court, namely, the instant accident at bar is a public parking lot on the street.

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