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(영문) 수원지방법원 2019.06.14 2019노221

교통사고처리특례법위반(치상)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The phrase “sulfur light” under Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act shall be interpreted to mean that, in a case where vehicles and horses have a yellow light stop line or crosswalks, the immediately preceding stop, the stop line or crosswalk does not exist, or even if it passes, immediately stop at the intersection.

Therefore, even if there was no stop line or crosswalk immediately before the intersection that the Defendant continued at the time of the instant case, as long as the signal continued to proceed at the same speed without stopping despite a yellow change, it should be deemed that the Defendant violated the signal at the time of the instant case.

2. Progress of litigation;

A. The lower court and the lower court, before remanding, found the Defendant not guilty of the instant facts charged on the ground that the act of attempting to drive to cross-section without stopping in the yellow lines or crosswalks of the instant cross-sections cannot be deemed as a violation of signal, on the grounds that it cannot be interpreted that the “defluence lights” as stipulated in Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act should not be immediately stopped when there is no stop line or crosswalks.

In this regard, the prosecutor appealed for the reason of misunderstanding the legal principles, and the court before the remand dismissed the prosecutor's appeal.

B. The prosecutor appealed against the judgment of the party prior to remand. The Supreme Court reversed the judgment of the party prior to remand on the ground that the judgment of the party prior to remand erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

3. Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act 1. Motor vehicles and horses shall stop immediately before or after the intersection, if there is a stop line or crosswalk, and immediately proceed out of the intersection, if part of the motor vehicles and horses already enter the intersection;

"........"

According to the above regulations, before the vehicle enters the intersection.