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(영문) 서울북부지방법원 2019.09.04 2019고정783
도로교통법위반(사고후미조치)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who drives a B rocketing car.

On March 7, 2019, the Defendant driven the above vehicle at around 11:57, and driven the front side road of the Seoul Jung-gu Seoul Metropolitan Government C building at a d elementary school level from the lower bank to the lower bank.

In such cases, a driver has a duty of care to prevent accidents in advance by driving safely such as accurately operating the steering direction and brake system of his/her vehicle, and living well in the surrounding traffic conditions.

Nevertheless, the Defendant neglected to do so and went away without taking measures to remove the danger and obstacle of road traffic, even though he received a part of the back of the driver's seat of the F 3 K3 vehicle from the back of the Defendant's vehicle, and damaged the damaged vehicle's 629,683 won.

2. Articles 148 and 54 (1) of the Road Traffic Act, the purpose of which is to prevent and eliminate traffic hazards and obstacles and ensure safe and smooth flow of traffic by requiring a driver, etc. to promptly take necessary measures, such as removing obstacles caused by a traffic accident, is not to recover physical damage to the victim. In such cases, measures to be taken on the spot by a driver, etc. shall be taken appropriately according to the situation at the scene of the accident, such as the details of the accident and the degree and degree of the damage, and the degree of such measures shall be taken to the extent ordinarily required in light of sound form;

(see, e.g., Supreme Court Decision 2007Do1292, Oct. 12, 2007; Supreme Court Decision 2013Do4936, Aug. 23, 2013). The following circumstances revealed by the record, namely, the vehicle stopped on the opposite side while driving the vehicle on the side side.

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