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(영문) 서울북부지방법원 2014.02.13 2013고단2310
도로교통법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2013, at around 22:15, the Defendant: (a) parked the said car in the vicinity of the parking area near the parking area in the middle-top 203.8km area of the middle-top-land highway located in the Solarg-ri, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

The defendant, who is a driver of a vehicle, has a duty of care to safely maintain the state of parking and to take measures necessary to prevent others from driving without permission by stopping the engine and thoroughly operating the brakes when leaving the driver's seat.

Nevertheless, the Defendant parked the said car in the slope of the rest area, without operating the parking brake, and parked the said car in the drive (D) other than the parking (P), and let the said car enter the expressway while getting off the said car by negligence.

Therefore, the defendant's above rocketing car entered the expressway moving back to the expressway line, and was stopped on the two-lanes of the expressway. At that time, the victim (owner) who was driven by D while driving on the two-lanes from the Masan bank to the two-lanes of the expressway, the victim (owner) E, who was driving on the road in the two-lanes, received the back portion of the defendant's vehicle from the front right-hand part of the vehicle, and the center separation zone due to the shock, went beyond the upper right-hand part. In this case, the cement strike fell from the other side of the expressway, and the two-lanes of the opposite direction are faced with the upper part of the I truck's back-hand part of the victim (owner) who was driven by G while driving on the opposite direction.

Ultimately, the Defendant, through the occupational negligence above, goods to the victim (ju)E for the repair cost of F-vehicle 84,007,038 won for F-vehicle repair cost, 523,838 won for the victim H, and 5,133,250 won for the repair cost of the central highway separation wall to the Korea Highway Corporation for the victims.

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