2. Determination

A. The summary of the facts charged in the instant case is a person who is engaged in driving Cone Star and its drivership.

On December 26, 2015, around 19:25, the Defendant tried to turn to the left the right two-lanes of the front road of the 23-lane of Seoyang-gu, Seoyang-gu, Seoyang-gu along the direction of the 24-lane of the sunlight village.

At that time, there was a cross-section and the left-hand turn signal was changed to a red color, so in such a case, the person engaged in driving duty had the duty of care to stop in front of the stop line in accordance with the new code.

Nevertheless, the Defendant violated the signal and proceeded with the victim D(51) who was going on a one-lane due to the negligence going beyond the stop line, and shocked into the front part of the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the body felbing body felling, which requires approximately eight weeks of treatment due to such occupational negligence.

B. The lower court determined as follows: (a) comprehensively based on the following circumstances, determined that “the Defendant did not have any evidence to acknowledge that the instant accident occurred due to the Defendant’s violation of signal”; and (b) pursuant to Article 327 subparag. 2 of the Criminal Procedure Act, the instant prosecution was dismissed on the ground that “the Defendant’s vehicle at the time of the instant traffic accident was subscribed to a comprehensive motor vehicle insurance under the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the instant case cannot be prosecuted pursuant to the main sentence of Article 3(2) and Article 4(1) of the same Act.”

2. The intersection is the red signal at the time of the accident.