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(영문) 창원지방법원 2013.06.04 2012노2396

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal seems to have been changed to yellow signal, etc. at the time of the instant accident by deeming that the signal, etc. at the front side was changed to be yellow, and thus, the front line at the time of the instant accident is deemed to have been red signal. Therefore, the instant accident occurred due to the negligence of the victim, and the Defendant was not negligent in violating the signal, etc., and the lower court found the Defendant guilty of the instant facts charged on the basis of the victim’s statement, etc. without credibility. Therefore, the lower court erred by misapprehending the facts contrary to the rules

2. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant could sufficiently recognize the fact that the defendant entered the intersection by violating the signal as stated in the judgment of the court below and suffered injury to the victim after receiving the vehicle driven by the victim. Therefore, the above argument by the defendant is without merit.

At the investigation agency and court of the court below, the victim was proceeding at the entrance intersection (hereinafter “instant intersection”) from the south Elementary School at the speed of 30 km per hour to the intersection by green signal. However, the victim consistently stated that the vehicle driven by the defendant was driven by the defendant, while making a left-hand turn from the side of the Gap principal intersection to the intersection, the part on the side of the driver’s seat of the victim’s vehicle was cut to the left-hand turn from the intersection at the time of the traffic intersection, and the other vehicles waiting to turn to the left-hand turn from the intersection at the time of the traffic intersection at the time of the stop while making a left-hand turn-hand turn at the right-hand turn at the right-hand intersection. However, the victim’s vehicle driven at the right-hand left-hand side of the instant intersection at the right-hand side of the defendant.

B. The Defendant is the victim rather proceeding with the red signal, and turn to the left at the point of KT through the intersection from the direction of the intersection.