logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.07.03 2013노4126
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. After the occurrence of an accident, the Defendant: (a) revealed the name of the Defendant for a hotel employee after the occurrence of the accident; and (b) took all necessary measures for traffic accidents under Article 54(1) of the Road Traffic Act, such as towing vehicles by receiving accidents from the insurance company.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. 1) The Road Traffic Act provides that the driver or any other crew member of a vehicle shall immediately stop the vehicle when the driver or any other crew member causes the death or injury of another person 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 ensure safe and smooth traffic by preventing and removing traffic dangers and obstacles on the road, and not to recover the damage to the victim. In such a case, measures to be taken by the driver are to be taken according to the specific circumstances, such as the content and degree of the accident, and the degree of such measures is to be taken to the extent ordinarily required in light of sound forms (see, e.g., Supreme Court Decision 2009Do787, May 14, 2009). The duty to take relief measures and duty to report when the traffic accident occurred under Article 54(1) and (2) of the Road Traffic Act is to promptly recover from the traffic accident caused by the death or injury of another person or to provide assistance to the driver or any other employee.

arrow