도로교통법위반(사고후 미조치)의 형사처벌에 관한 실무연구

Abstract

Unlike during the 1990s, too many violations of the Road Traffic Act (not taking measures after accidents occur) are not prosecuted these days. This shows that the perceptions of applying the article on punishment differ among the Court, the Prosecution Service, and the Police. Clarification for the application is necessary. Necessary measures that the person who caused a traffic accident shall take include immediately bringing the motor vehicle to a stop, checking the accident, and helping the injured person. The extent of necessary measures must be interpreted within the objective of the Road Traffic Act, which is to ensure safety and remove danger to the traffic on the roads. Danger to the traffic on the roads is stipulated in an abstract way and does not require specific types of danger. Therefore, the measures that the person who caused a traffic accident shall take would differ depending on the type of the accident and the degree of the damage, but basically the person has the duty to stop immediately and check the accident. If the damage is on parked vehicles whether or not the accident affected the safety and danger to traffic should be considered, but in most cases the driver who caused the accident has the duty to contact and inform the owner of the damaged vehicle about the damage if the damage would hinder safe driving. Therefore, the trend in current practices that mostly fails to prosecute violations of the Road Traffic Act (not taking measures after accidents occur) including not taking measures after damaging parked vehicles, need to change so that safety on the roads can be better ensured.