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(영문) 서울중앙지방법원 2012.09.20 2012노2500
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant sent mobile phone numbers to the victim and left the scene.

Therefore, it cannot be viewed as escape.

B. The lower court’s sentence of an unreasonable sentencing (2.5 million won by fine) against the Defendant is too unreasonable.

2. Determination

A. The purport of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road and ensure safe and smooth traffic flow. It is not to restore the victim's damage. In this case, measures to be taken by the driver should be adequately taken according to the specific circumstances, such as the content of the accident and the degree of damage, and the degree of such measures normally required in light of sound form (see Supreme Court Decision 2007Do1738, Oct. 11, 2007). 2) According to evidence duly adopted and investigated by the court below, the defendant was damaged to the extent of repair cost of KRW 2,136,112 as stated in the facts charged by the defendant while driving a vehicle, and the defendant was driving on the road with the victim and the accident and leaving the scene as it is, and the defendant did not report the victim's vehicle on the scene and left the scene, and the defendant did not report the victim's accident to the left part of the vehicle and reported it to the police number of the case.

3. In full view of these facts, the instant traffic accident does not seem to have been a significant reason, and the Defendant unilaterally talks about the handling of accidents between the Defendant and the victim.

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