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(영문) 춘천지방법원 강릉지원 2015.05.14 2015노65
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is that the Defendant, while driving a frighting car and driving the two-lane road on the two-lane. The Defendant neglected his duty of care to drive the f right and the right and the right and the right, while neglecting his duty to drive along the lane, and by negligence, led the Defendant to take part of the part of the victim’s matp vehicle fright, which was parked on the right and right side of the running direction into the front part of the Defendant’s vehicle, so that the damaged vehicle amounting to KRW 45,585,00,000, would be 4555,000,000, and

B. The lower court found the Defendant guilty on the facts charged of this case on the ground that the violation of the Road Traffic Act (unclaimed Measures after Accidents) was established.

3. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

The purpose of Article 54 (1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing or removing traffic dangers and obstacles that occur on roads, and it is not a provision to recover physical damage to victims.

In such cases, measures to be taken by a driver on-site shall be taken appropriately in accordance with the specific circumstances, such as the details of the accident and the degree of damage, and the degree of such measures means measures to the extent normally required in light of a

(See Supreme Court Decision 2009Do787 Decided May 14, 2009, etc.). Comprehensively considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the original instance, the evidence alone submitted by the prosecutor needs to take measures to ensure the safe and smooth flow of traffic by preventing and removing risks and obstacles to traffic at the time of the instant accident.

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