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(영문) 춘천지방법원 2018.06.28 2017노490
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment below

The part concerning Defendant B shall be reversed.

Defendant

The sentence against B shall be seven million won.

Reasons

1. Summary of grounds for appeal;

A. In full view of the circumstances surrounding the road where the instant accident occurred, Defendant B’s parking condition, etc., by misapprehending the legal principles, the instant accident occurred due to the occupational accident and the loss in which Defendant B parked without turning the U.S. and the width, etc.

It is reasonable to view it.

B. The sentence sentenced by the lower court against Defendant A is too uneasible and unfair.

2. Article 34 of the Road Traffic Act provides that "All vehicles shall stop or park on the road, the method and time limit of their stopping or parking, or the prohibition of their stopping or parking on the street parking lots shall be prescribed by Presidential Decree." Article 11 (1) 3 of the Enforcement Decree of the same Act provides that "All vehicles shall park on the road, the place, time and method of parking as determined by the Commissioner of the Local Police Agency, when intending to park on the road" and the main sentence of paragraph (2) of the same Article provides that "if intending to stop or park on the road pursuant to the provisions of paragraph (1), it shall not interfere with other traffic" and Article 37 (1) 1 of the same Act and Article 19 (2) 1 of the Enforcement Decree of the same Act provides that "All vehicles shall stop and park pursuant to the provisions of subparagraph 3 of the same Article 14 of the same Act and Article 11 (1) 4 of the same Decree shall be punished by not later than 0 years before sunrise and after sunset (referring to subparagraph 4 of the same Article 1 of the same Act).

Even if the place where the accident in this case occurred is not prohibited from parking pursuant to the relevant Acts and subordinate statutes, the motor vehicle is parked at the edge of the road during night.

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