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(영문) 서울남부지방법원 2017.04.20 2016노1182

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal doctrine and a vehicle signal apparatus installed at the front of the Defendant’s moving direction (hereinafter “vehicle signal apparatus”) cannot be deemed as a signal apparatus giving instructions to the passing method on the instant crosswalk, and the Defendant did not violate the signal.

The victim started crossing the road even though the victim was a stop signal, and the victim did not go on the crosswalk, so the victim did not violate the duty to protect pedestrians.

The lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

B. The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In a case where an intersection and crosswalk are installed in connection with the other intersection, and a vehicle signal apparatus is installed only in the intersection, the vehicle signal apparatus shall be deemed to be not only the vehicle’s passage to the intersection but also the vehicle’s passage to the crosswalk immediately preceding the intersection, and the vehicle aid, etc. is not installed on the side of the crosswalk’s walking, etc.

It shall not be deemed that there is no signal, etc. for the vehicle on the crosswalk.

In such a case, the red light for the vehicle in such intersection shall be deemed to have ordered the duty of stop in front of the intersection and the crosswalk. In addition, in a case where the walking in the crosswalk is green, all the vehicles shall stop in the crosswalk. However, in a case where the walking in the crosswalk is red, it shall lose the character as the crosswalk, and thus, the straight-line vehicle may leave immediately before the intersection (see Supreme Court Decision 2009Do822, Jul. 28, 201, etc.). The same legal doctrine applies to the case where the crosswalk is installed at a certain distance from the intersection.

and dealing with traffic accidents.