도로교통법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds of appeal is that the Defendant’s dump truck for the victim’s dump truck (hereinafter “victim’s vehicle”) proceeding from the right side of the Defendant’s vehicle to the left side at the mountain village 1 mountain village located in the mountain village located in the mountain village (hereinafter “instant intersection”) at the east of the city where the Defendant driven the vehicle, and entered the intersection at the east of the city where the Gyeongnam-do. As such, the instant traffic accident occurred by entering the instant intersection even though the damaged vehicle does not obstruct the progress of the Defendant’s vehicle.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case, although the defendant did not err by violating the cross-road passage method, is erroneous and has affected the conclusion
2. Determination
A. The summary of the facts charged is a person engaging in driving Cunst passenger vehicles.
On August 13, 2013, the Defendant driven the above car at around 08:50 on August 13, 2013, and led to the intersection of the distance in front of the mountain village 1 located in the mountain village located in the mountain village at the east of the city of Gyeongnam-do.
When intending to drive a motor vehicle into the intersection where traffic is not controlled, the driver of any motor vehicle has a duty of care to temporarily stop or yield the motor vehicle so as not to obstruct the passage of other motor vehicles and prevent accidents.
Nevertheless, the Defendant neglected to do so and proceeded on the road on the surface of the dump truck from the dump zone to the dump truck on the surface of the dump truck and caused a traffic accident where the front side of the dump truck is facing the above dump truck on the right side.
B. The lower court’s judgment held that the Defendant’s partial statement in the second trial record of the lower court, D’s legal statement, traffic accident occurrence report, traffic accident actual investigation report (1)(2) and traffic accident report (2), traffic accident-related photographs, traffic accident-related statement, traffic accident-related statement, and road traffic safety agency.