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(영문) 부산지방법원 2014.08.22 2014노1904
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, although the defendant was aware of the traffic accident in this case and the defendant was found to have escaped from the scene of the accident intentionally or with negligence, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) around 12:09 on September 6, 2013, the Defendant: (b) driven a C-crock car and made it possible to drive the C-crock car at the left side of the Defendant’s vehicle and drive the C-crocked car at the speed from three lanes to three lanes in front of the east-dong zone in Busan Shipping Daegu to the Round-do Office of Education; and (c) changed the course from two lanes to three lanes in the same direction; and (d) did not immediately stop and take necessary measures despite the occurrence of a traffic accident involving the repair cost of KRW 425,388, the repair cost of the Haya taxi after facing the two lanes and the pent portion of the D-motor vehicle in front of the right side of the Defendant’s vehicle.

B. The lower court determined as follows, based on the records, that is, ① the instant traffic accident was a minor contact accident, and was not a victim of the Defendant or the other party’s driver, and all vehicles involved in the instant accident were relatively minor physical damage, and the fugitives were scattered on the road.

There is no evidence to deem the occurrence of traffic danger and interference, such as there is a possibility of debrisoning, etc. <2> The instant traffic accident occurred due to D's negligence, which the Defendant attempted to make a right-hand turn to the sea-going Office of Education in the vicinity of the Busan High School located in Busan High School, and attempted to change the lanes from the two lanes to the three lanes in the same direction, and D's automobile insurance is each notified of the occurrence of the traffic accident by following the Defendant.

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