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(영문) 광주지방법원 2016.09.29 2016고정1037
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is also a person who is engaged in driving a passenger car.

On April 19, 2016, the Defendant driven the said vehicle as around 01:50 on April 19, 2016, and proceeded with the innovation first apartment house, which is located in Taecheon-ro 40 (Oundong-dong), Seocheon-gu, Gwangju, with the front side of the innovation first apartment house, from the youth training room.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking the front side and the left side well and the right and the left side of the motor vehicle.

Nevertheless, the Defendant neglected to do so on the part on the left-hand side of the victim D's D'D Driving, which was parked on the right-hand side of the road in the course of the course of the course of the operation, and the part on the left-hand side of the victim F's H driving car, shall be bound by the part on the front-hand side of the Defendant's vehicle, and the part on the part on the left-hand side of the victim F's H driving, which was bound by the victim's I EM, with the 2,526,959 won for repair, such as the replacement of the above L's driver car after the above L's vehicle, and shall be 1,93,671 won for repair, such as the replacement of the above L's driver's vehicle, and shall be 1,57,672 won for repair, such as the exchange of the f's driver's vehicle, and shall immediately destroy and stop the vehicle and take necessary measures.

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 flow, not to restore the victim’s damage. In this case, measures to be taken by a driver should 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 normally required in light of the sound form (see, e.g., Supreme Court Decision 2013Do1585, Feb. 27, 2014). B. According to the evidence submitted by the prosecutor, the Defendant at the time, like the facts charged, is involved in a traffic accident.

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