도로교통법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
The Defendant, as an acting driver, was on December 22, 2019, was on board the front right side of the above vehicle with the boundary stone located on the front side of the above vehicle while driving the vehicle Category C, at the Gero Athletic Park parking lot of this Gero-gu, Daegu, Daegu, Daegu, about 133, the Defendant was on board the front side of the above vehicle.
B The head side caused the accident that the right windows face and violated the safety duty.
2. Article 1 of the Road Traffic Act provides that "the purpose of this Act is to prevent and eliminate all dangers and obstacles to traffic on roads to ensure safe and smooth traffic." Article 2 subparagraph 1 of the Road Traffic Act provides that "road means roads under the Act, roads under the Toll Road Act, roads under the Toll Road Act, and all other places used for general traffic." The term "place used for general traffic" here refers to an open area actually public for the purpose of maintaining traffic order and traffic of many and unspecified persons or vehicles, where there is a public nature of general traffic rights for the purpose of maintaining traffic order, and it cannot be deemed that only specific persons or those related to them are used and independently managed (see Supreme Court Decision 92Do162, Oct. 9, 192, 199). In this case, the place where the above accident occurred is constructed, and it is difficult to view it as a parking lot under the Road Traffic Act.
Therefore, since the above accident occurred while driving on the road, the defendant does not constitute a crime of violation of Article 156 of the Road Traffic Act, and there is no other evidence to acknowledge the facts charged.
3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, it is not guilty by the latter part of Article 325 of the Criminal Procedure Act.