[도로교통법위반][공1974.3.15.(484),7750]
Whether it violates Article 44 subparagraph 6 of the Road Traffic Act to put a driver into a motor vehicle without reducing the keys of the motor vehicle.
If a driver of a motor vehicle turns the engine while leaving the driver's seat and gets completely equipped with the brakes, it does not violate the obligation to take necessary measures to see the state of stop by the motor vehicle provided for in Article 44 subparagraph 6 of the Road Traffic Act even after leaving the keys without reducing it.
Article 44 of the Road Traffic Act
Defendant
Prosecutor
Seoul Criminal Court Decision 72No532 delivered on February 14, 1973
The appeal is dismissed.
The prosecutor's grounds of appeal are examined.
Article 44 (6) of the Road Traffic Act provides that a driver shall not be responsible for the driver to take an incomplete measure to stop the vehicle while the driver leaves the driver's seat, and the driver shall not drive the vehicle, so the driver's liability shall be satisfied if the driver takes the above measures, and the driver's liability shall be satisfied if the driver fails to take the measures, and whether the vehicle's body is left without taking the knife or not shall not affect the maintenance of the situation of the vehicle.
In this case, it is right and wrong that the first instance court judged that the defendant left the driver's seat of the vehicle and left the engine, and completely put the brakes into the driver's seat of the vehicle, even if he left the key as it is, it does not violate the above provisions of this Act. Even if the court below maintained this decision, even though the court below did not make a judgment on the grounds of appeal pointing out the debate, it is difficult to see that the conclusion that the first instance court judged the legal judgment has a right and affected the conclusion of the judgment.
The issue is groundless.
Therefore, it is so decided as per Disposition by a power plant.
Justices Ahn Byung-soo (Presiding Justice)