(영문) 수원지방법원 2021.02.17 2019노5493 | 리걸엔진

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(영문) 수원지방법원 2021.02.17 2019노5493

도로교통법위반

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. On February 11, 2018, the Defendant: (a) driven a motor vehicle with the highest speed of “B” around 19:10, and left to the left at the Hasung-si intersection of the road from the surface of the D apartment site at the time when the road was set off at the enclosed sports center; (b) so, the Defendant was in a state of walking the road at the time, despite the duty of care to reduce the speed of the motor vehicle and drive safely; (c) as a result of the occupational negligence, a motor vehicle turn down at the speed of about 50 kilometers at the speed of about the speed of 50 kilometers at the speed of the speed; and (d) the road fence for pedestrian protection, installed on the left side of the running road at the above front of the said low speed of the motor vehicle; and (d) managed the road at the top direction of the said vehicle, and (e) managed the 2G car near the 1st car parking lot, and (e) managed the 1st car in the vicinity of the 2G.

The lower part of the front part of the commercial building was shocked with the top part of the vehicle in front of the vehicle in front of the said vehicle in front of the said vehicle, and due to the shock, the said vehicle in front of the said vehicle was pushed down in the future, leading the victim H to shock the columns of the commercial building in front of the said vehicle in front of the said vehicle (hereinafter “instant traffic accident”).

Defendant 1 caused damage to the foregoing car amounting to KRW 52,075,100 as repair cost due to the foregoing occupational negligence, and damaged the said commercial housing column amounting to KRW 12,220,000 as repair cost.

2. The decision of the court below: The decision of the court below shall be delivered with a full conviction on each damaged part of the instant commercial housing and Madra car in addition to the fences for pedestrian protection and the delivery sealings.

3. Summary of the Reasons for Appeal: misunderstanding of the legal principles (i.e., passenger car in this case and the victim and actual manager of the commercial building in this case.

유사 판례

-서울중앙지방법원 2018.07.24 2018고단2833

-수원지방법원 2016.01.21 2015고단4441

-광주지방법원 목포지원 2017.07.14 2017고단495

-서울중앙지방법원 2018.11.14 2018고단2673 (2)

-서울중앙지방법원 2018.08.28 2018고단2673