On August 21, 2018, the Defendant driven the above vehicle at around 21:20, and got the vehicle to proceed above ground at the Diplomatic Underground Parking Lot located in Gangdong-gu Seoul Metropolitan Government.

Since there are lots of above-ground parking vehicles and traffic congestion and traffic congestion, there was a duty of care to safely drive a person engaged in driving service by reducing speed and by properly examining the right and the right of the vehicle.

Nevertheless, the defendant neglected to do so and proceeds as it is.

On the ground due to a sudden negligence, the F BM car owned by the victim E(53) was received from the victim E(53 years old), and damaged each property to cover the repair cost of KRW 1,918,678, the HW car owned by the victim G(40 years old), KRW 31,436,167, the repair cost of the passenger, KRW 1,189,85, the repair cost of the passenger car owned by the victim I(50 years old), KRW 5,522, the LMW car owned by the victim K(61 years old), and KRW 40,138,252.

2. Determination

A. The defendant and his defense counsel asserted that the crime of violation of the Road Traffic Act is not established since the location of the accident in this case does not fall under the roads stipulated in the Road Traffic Act as the parking lot of the D church.

B. Determination 1) The crime of violation of the Road Traffic Act due to the destruction and damage of negligence is established when the driver of a vehicle damages the building or other property of another person due to neglect or gross negligence (Article 151 of the Road Traffic Act). Here, the term “driving” refers to the use of a vehicle or horse on the road in accordance with its original purpose and method of use (Article 2 subparag. 26 of the Road Traffic Act, provided, however, in cases of Articles 44, 45, 54(1), 148, and 148-2 of the Road Traffic Act, vehicles and horses may be used at the place “other than the road” in accordance with its original purpose and method of use.