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(영문) 광주지방법원 2017.03.30 2016고단5242
도로교통법위반
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is a person engaging in driving a B-bank truck for transporting B-bank vehicles.

On October 12, 2016, the Defendant driven the above truck around 15:00 and proceeded to move the vehicle to the parking lot at a speed of less than 5 km per hour within the D industrial company parking lot located in Gwangju Nam-gu, Nam-gu.

There was a parking of EK9 damaged vehicles in the direction of moving back from the vehicle.

In such cases, there was a duty of care to prevent accidents in advance by reporting the traffic situation well in the vehicle driver and safely driving the vehicle.

Nevertheless, the defendant neglected to do so and neglected to do so and neglected to do so, and caused the part after the driver's seat of the victimized vehicle to the side of the damaged vehicle, such as the aftermath of the driver's seat of the damaged vehicle, thereby damaging property equivalent to approximately KRW 1.2 million of the repairing cost.

2. Determination:

A. The crime of violating the Road Traffic Act due to the destruction of property by negligence is established when the driver of a vehicle damages another person's building or other property due to neglect of due care or gross negligence (Article 151 of the Road Traffic Act). Here, the term "driving" means using the horse on the road according to its original purpose and use method (Article 2 subparagraph 26 of the Road Traffic Act: Provided, That Articles 44, 45, 54 (1), 148, and 148-2 of the Road Traffic Act include using the horse car at the place outside the road according to its original use method in cases of Articles 44, 45, 148, and 148-2 of the Road Traffic Act. Thus, Article 151 of the Road Traffic Act does not apply to this, and thus, the crime of violating the Road Traffic Act due to the destruction of property at the road is established only when it was caused by the road under the "road". Article 2 subparagraph 1 of the Road Traffic Act.

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