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(영문) 서울중앙지방법원 2018.06.21 2018노599
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since damage caused by mistake of facts and misapprehension of legal principles was very insignificant, it was not necessary for the Defendant to take measures to ensure safe and smooth traffic by removing traffic risks and obstacles in accordance with Article 54(1) of the Road Traffic Act at the time of the instant case.

In addition, since the traffic volume at the time of the accident at the time of the accident at this case is high, the defendant was driving a vehicle driving on an emergency, and stopped on the side while leaving the scene because the damaged vehicle was not polluted, and thus, the defendant escaped without taking measures under Article 54 (1) of the Road Traffic Act, or the defendant had the intention to take measures after the accident.

shall not be deemed to exist.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) 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, thereby ensuring safe and smooth traffic. In such a case, measures to be taken by a driver shall be appropriately taken according to 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 ordinarily required in light of a sound form. Thus, in a case where a driver who caused the traffic accident leaves the road after immediately driving the vehicle without notifying the victim of his/her personal information or contact details despite his/her restraint, if he/she leaves the site without notifying the vehicle of his/her personal information or contact details, not only the above escape itself, but also another traffic danger and impediment due to the victim's shock which is anticipated to restrain or drive.

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