교통사고처리특례법위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) is that the Defendant temporarily stops at the intersection where the red signal was on and off at the time, and then passes through the intersection after looking at the surrounding area, and without stopping on the right side of the course, and it is difficult to deem that the instant accident was due to the Defendant’s negligence.
2. We examine the following circumstances acknowledged by the evidence duly adopted and examined by the court below: ① the Defendant was in operation of the red flickering signal in the direction of the Defendant at the time of passing through the intersection as stated in the facts charged; ② the Defendant could temporarily stop immediately before a stop line or an intersection and proceed with other traffic attention; ② the victim may proceed with the vehicle with due care (see Article 6(2) and attached Table 2 of the Enforcement Rule of the Road Traffic Act). ③ In this regard, G of the Incheon Samsan Police Station stated in the court of the court below that “A police officer of the Incheon Central Police Station stated that the Defendant did not temporarily stop at the above intersection” (section 63 of the trial record). This appears to have been a statement by the Defendant on the trial date that the Defendant driven the vehicle at the time of passing the insurance market at the time of driving the vehicle by a person other than the Defendant, and the Defendant appears to have voluntarily driven the CCTV at the time of driving the vehicle at the time of opening the insurance market (Article 316(1) of the Criminal Procedure Act).