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(영문) 의정부지방법원 고양지원 2012.12.07 2012고정1086

교통사고처리특례법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a Crails car.

On March 11, 2012, the Defendant driven the above vehicle on March 11, 2010, while driving the vehicle, and driving the shooting distance at the intersection of the "Yeabb" in the Pungdong-gu, U.S., U.S., Sinyang, along one way from the direction of the forest-speed village to the direction of the wind box.

Since there is a place where traffic is controlled by on-and-off by red lights, in such a case, a person engaged in driving service has a duty of care to safely drive by making a temporary stop immediately before the intersection and by properly examining the right and the right.

Nevertheless, the Defendant neglected to temporarily stop the above-mentioned intersection due to the negligence of the Defendant’s failure to stop, and followed by the yellow light on-and-off signal from the right side of the said car driving by the victim D (the age of 60) who was driving from the front left side of the Echip motor vehicle operated by the victim D (the age of 60).

After all, the Defendant suffered injury to the above victim D, which requires approximately two weeks of medical treatment due to occupational negligence.

2. The facts charged are subject to the prosecutor’s proof, and the burden of proof ought to be based on strict evidence with probative value, which leads to a judge’s conviction that leads to a lack of reasonable doubt, and if there is no such evidence, the doubt of guilt against the Defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

Therefore, with respect to whether the defendant proceeded to cross-section without temporarily suspending despite the on-and-off signal of red lights at the time, each evidence submitted to the prosecutor alone is insufficient to acknowledge it without reasonable doubt, and there is no other evidence to recognize it, and even if there is no doubt that the defendant violated the signal.