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(영문) 수원지방법원 2015.06.17 2015고단1957
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a door-to-door engineer who drives a cargo vehicle of one’s own B Poter 2 inland Poter.

On March 5, 2015, at around 12:19, the Defendant moved back from the back road of Suwon-si C Housing on the back road.

The driver of any motor vehicle has a duty of care to accurately operate the steering gear, brakes, and other devices by checking well the left and right of way, and to avoid driving at a speed and in a manner that may cause any danger and obstacle to others.

Nevertheless, due to the negligence of neglecting this, the Defendant, who was parked on the left side of the Defendant’s vehicle, was shocked by the victim’s Estamper in front of the driver’s seat of the Defendant, which was parked on the left side of the vehicle.

When the Defendant caused physical damage of KRW 1,184,346 to the above victim due to occupational negligence, the Defendant immediately stopped and went away from the scene without any measure despite having to take necessary measures.

2. Article 148 of the Road Traffic Act provides that a person who does not take a measure at the time of occurrence of a traffic accident under Article 54(1) of the same Act shall be punished. The purpose of Article 54(1) of the Road Traffic Act is not to prevent and eliminate traffic risks and obstacles on roads to ensure safe and smooth flow of traffic, and to recover physical damage to victims. In this case, measures to be taken by a driver at the site should be taken appropriately according to the situation at the scene of the accident, such as the contents of the accident, the degree of damage and the degree of damage, and the degree of measures to be taken to the extent ordinarily required in light of a sound form.

According to the evidence duly adopted and examined by this court, the accident of this case was parked in the parking area while the defendant was temporarily stopped on the side-side side side of the house and started again.

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