The defendant shall be innocent.

1. Facts charged;

A. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a Crdler vehicle (hereinafter “instant vehicle”).

On January 19, 2013, the Defendant driven the above vehicle and parked in the E-place Underground Parking Lot D located in the Busan Metropolitan City Do Do (hereinafter “instant parking lot”) on January 14:32, 2013, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the vehicle by reducing the speed of the vehicle and properly examining the direction and the left and right of the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to stop on the rear side of the Defendant’s vehicle, and received the front part of the GNAS vehicle in front of the Defendant’s vehicle.

After all, the Defendant destroyed the above damaged passenger vehicles by negligence in the course of business, thereby damaging the property that would cover KRW 413,662 for repairing costs.

B. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate the automobile on the road because he is not covered by mandatory insurance for the said automobile as a holder of the instant automobile.

Nevertheless, the Defendant operated the instant automobile, which was not covered by mandatory insurance from the Busan Jin-dong to the Busan Jin-dong, Busan, at the time and time stated in the above paragraph (a).

2. Determination

A. Issues 1) A crime of violating the Road Traffic Act due to the destruction and damage of fruits is established when the driver of a vehicle damages the building or other property of another person due to neglect of care necessary for the performance of his/her duties or gross negligence (Article 151 of the Road Traffic Act). The term "driving" here means using a vehicle or horse on the road in accordance with its original purpose and use (Article 2 subparagraph 26 of the Road Traffic Act: Provided, That Article 44, 45, 54 (1), 148, and 148-2 of the Road Traffic Act shall apply to the above provision.